Christman v. Martin
Superior Court of Pennsylvania
Appeal, No. 10, March T., 1898, by defendant, from judgment of C. P. York Co., on verdict for plaintiff. It appears from the evidence that this was an action of assumpsit, brought to recover balance due plaintiff on a carload of lumber, the original cost of which was $603.69, on which a payment of $487.72 had been made, leaving an alleged balance on the original purchase of $115.97. The court charged the jury as follows: The defense offered in this case, in the opinion of…
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Appeal, No. 10, March T., 1898, by defendant, from judgment of C. P. York Co., on verdict for plaintiff. It appears from the evidence that this was an action of assumpsit, brought to recover balance due plaintiff on a carload of lumber, the original cost of which was $603.69, on which a payment of $487.72 had been made, leaving an alleged balance on the original purchase of $115.97. The court charged the jury as follows: The defense offered in this case, in the opinion of the court, is not a valid one, and there is no evidence before you on the part of the defendant. The plaintiff has proven…
1Opinion of the Court
Opinion by
Orlady, J.,
Pending a dispute as to the defendant’s liability to pay for a carload of lumber, after objection had been made that the lumber “ is unfit for use, is soaking wet and of inferior quality, is not what we ordered from you,” the plaintiff replied: “ If it is not up to the grade the shipper must make matters right, these things are very perplexing. If you have not unloaded car, please do so, so as to save damage, make a tally of the load, as per your letter and Mr. R. will call to see the lumber soon; ” and by another letter: “ The situation is a regular poser. I want to do…
2Cases cited5 opinions
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Brockley v. BrockleySupreme Court of Pennsylvania · 1888
- Holt v. PieSupreme Court of Pennsylvania · 1888
- Martin v. FrantzSupreme Court of Pennsylvania · 1889
- Pratt & Reath v. H. M. Richards Jewelry Co.Supreme Court of Pennsylvania · 1871
3Cited by9 opinions
- Bernstein v. HirschSuperior Court of Pennsylvania · 1907
- In Re Lease-A-Fleet, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1991
- Kann v. KannSupreme Court of Pennsylvania · 1918
- Barron Co. v. Fox & Co.Superior Court of Pennsylvania · 1924
- Polin v. WeisbrotSuperior Court of Pennsylvania · 1913
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