Restein v. McCadden & Bro.
Supreme Court of Pennsylvania
Appeal, No. 408, Jan. T., 1895, by defendants, from judgment of C. P. No. 3, Phila. Co., June T., 1893, No. 881, on verdict for plaintiff. Assumpsit^ for commissions for sale of kites. At the trial plaintiff testified that he procured John C. Kolb, as a customer for defendants for one hundred and fifty gross of kites, and that he was to receive as commission for effecting the sale fifty-five cents per gross.
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Appeal, No. 408, Jan. T., 1895, by defendants, from judgment of C. P. No. 3, Phila. Co., June T., 1893, No. 881, on verdict for plaintiff. Assumpsit^ for commissions for sale of kites. At the trial plaintiff testified that he procured John C. Kolb, as a customer for defendants for one hundred and fifty gross of kites, and that he was to receive as commission for effecting the sale fifty-five cents per gross. The evidence showed that defendants accepted Kolb as a customer, and undertook to fill his order, and that they made and delivered fifty-four gross of kites, which Kolb refused to receive…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The learned court below was not mistaken in speaking of the contract as a matter that was not in dispute. It was proved by. the plaintiff, and also by Mr. Kolb, who gave the order written by himself, at the instance of the plaintiff, and it was admitted by the defendants in their affidavit of defence, and further, proved on the trial by their agent Leslie, who made the contract with the plaintiff. According to all of this testimony the plaintiff obtained for the defendants, from Kolb, an order in writing for *343150 gross of kites at $2.25 per gross, and delivered…
2Cases cited3 opinions
- Keys v. JohnsonSupreme Court of Pennsylvania · 1871
- Sweeney v. Ten Mile Oil & Gas Co.Supreme Court of Pennsylvania · 1889
- Reed's Executors v. ReedSupreme Court of Pennsylvania · 1877
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- Aber v. Pennsylvania Co. for Insurances on LivesSupreme Court of Pennsylvania · 1921
- Bodman v. Nathaniel Fisher & Co.Supreme Court of Pennsylvania · 1920
- Aikins v. Thackara Mfg. Co.Superior Court of Pennsylvania · 1900
- Hackney Mfg. Co. v. CelumTexas Commission of Appeals · 1920
- Barber-Greene Co. v. GouldSupreme Court of Alabama · 1926
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