Meaker Galvanizing Co. v. Charles E. McInnes & Co.
Supreme Court of Pennsylvania
Appeal, No. 26, Jan. T., 1922, by defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1920, No. 5140, making absolute rule for judgment for want of sufficient affidavit of defense, in case of Meaker Galvanizing Co. v. Charles E. Mclnnes & Co., Inc. Assumpsit for breach of contract. Rule for judgment for want of sufficient affidavit of defense. Before Finletter, J. The opinion of the Supreme Court states the facts. Rule absolute. Defendant appealed.
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Appeal, No. 26, Jan. T., 1922, by defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1920, No. 5140, making absolute rule for judgment for want of sufficient affidavit of defense, in case of Meaker Galvanizing Co. v. Charles E. Mclnnes & Co., Inc. Assumpsit for breach of contract. Rule for judgment for want of sufficient affidavit of defense. Before Finletter, J. The opinion of the Supreme Court states the facts. Rule absolute. Defendant appealed. Error assigned, inter alia, was order, quoting it.
1Opinion of the Court
Opinion by
Me. Justice Sadler,
Defendant purchased certain galvanizing equipment from plaintiff, with directions that the various parts be assembled and fqrwarded to a customer of the former in Bombay, India. The foreign consignee named was unable to establish proper financial credits, whereupon the vendor was requested to cancel the order. This it declined to do on the ground that its work had been practically completed. Three weeks later it communicated with the vendee, through counsel, stating that damages would be sustained by reason of the failure to accept the goods, and asserting that as…
2Cases cited18 opinions
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- Dillon's EstateSupreme Court of Pennsylvania · 1920
- Blakeslee Manufacturing Co. v. HiltonSuperior Court of Pennsylvania · 1897
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- W. B. Mearshon & Co. v. Pottsville Lumber Co.Supreme Court of Pennsylvania · 1898
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3Cited by27 opinions
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- Maryland Casualty Co. v. CushingCourt of Appeals for the Seventh Circuit · 1948
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- In re KELLETT AIRCRAFT CORP.Court of Appeals for the Third Circuit · 1949
- Nash v. Atlantic White Tower System, Inc.Supreme Court of Pennsylvania · 1961
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