United Fruit Co. v. Bisese
Superior Court of Pennsylvania
Appeal, No. 24, Feb. T., 1904, by-plaintiff, from judgment of C. P. Lycoming Co., Sept. T., 1903, No. 145, on verdict for defendants in case of United Fruit Company v. Pa'squale Bisese and Salvatore Bisese, copartners trading as P. Bisese & Company. Assumpsit for goods sold and delivered. Before Hart, P. J. The facts, are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 24, Feb. T., 1904, by-plaintiff, from judgment of C. P. Lycoming Co., Sept. T., 1903, No. 145, on verdict for defendants in case of United Fruit Company v. Pa'squale Bisese and Salvatore Bisese, copartners trading as P. Bisese & Company. Assumpsit for goods sold and delivered. Before Hart, P. J. The facts, are stated in the opinion of the Superior Court. The court charged in part as follows : [It appears that on December 12, the defendants wrote a letter to the plaintiff, in which they say that the bananas arrived. He says the bananas arrived in Williamsport Thursday afternoon,…
1Opinion of the Court
Opinion by
Smith, J.,
The contract, the performance tendered by the plaintiff, and the ground on which the defendants refused to accept this tender, are fully exhibited in written communications between the parties. The construction of these is for the court.
First is an order from the defendants to the plaintiff, dated December 6, 1902, for 150 bunches of bananas. The plaintiff shipped 200 bunches, and sent the defendants an invoice of this shipment, dated December 8, followed by a letter, dated December 9, stating that 200 had been shipped, instead of 150. December 12 the defendants wrote to…
2Cases cited3 opinions
- Western & A. Pipe Lines v. Home Ins., Pennsylvania Court of Common Pleas, Washington County1891
- Messmore v. MorrisonSupreme Court of Pennsylvania · 1896
- Niagara Fire Ins. v. MillerSupreme Court of Pennsylvania · 1888
3Cited by8 opinions
- Second Nat. Bank of Allegheny v. Lash Corp.Court of Appeals for the Third Circuit · 1924
- Commonwealth v. WilliamsSuperior Court of Pennsylvania · 1909
- Pittsburgh Provision & Packing Co. v. Cudahy Packing Co.Supreme Court of Pennsylvania · 1918
- Popper v. RosenSupreme Court of Pennsylvania · 1928
- Kardon v. Crescent Nut & Chocolate Co.Superior Court of Pennsylvania · 1930
3 more not listed; retrieve them via the Exa API.