Sweigard v. Ice Co.
Superior Court of Pennsylvania
Appeal, No. 132, Oct. T., 1900, by defendants, in suit of Joseph L. Sweigard, trading as Joseph L. Sweigard & Company against Consumers’ Ice Manufacturing and Coal Company, from order of C. P. No. 4, Phila. Co., Dec. T., 1899, No. 1373, making absolute rule for judgment for want of a sufficient affidavit of defense. Per Curiam. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc.
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Appeal, No. 132, Oct. T., 1900, by defendants, in suit of Joseph L. Sweigard, trading as Joseph L. Sweigard & Company against Consumers’ Ice Manufacturing and Coal Company, from order of C. P. No. 4, Phila. Co., Dec. T., 1899, No. 1373, making absolute rule for judgment for want of a sufficient affidavit of defense. Per Curiam. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc. It apirears from the record that the action was assumpsit to recover for a pump that was sold to defendants to be of a certain size, of a certain specified capacity, and for…
1Opinion of the Court
Per Curiam,
When a contract of sale is executory, as it always is where a particular article is ordered without being seen from one who undertakes it shall be of a given quality or description, and the thing sent as such does not conform to the order and is never completely accepted, the buyer is not bound to keep it, or pay for the article on any terms, though no fraud was intended by the vendor. But after the actual reception of the article, and the lapse of a reasonable time to examine it and to ascertain its quality and its conformity to the stipulations of the contract, the buyer will be…
2Cases cited5 opinions
- Loeser v. Erie City Rag WarehouseSuperior Court of Pennsylvania · 1899
- Port Kennedy Slag Works v. William Krause & SonsSuperior Court of Pennsylvania · 1897
- Close v. HancockSuperior Court of Pennsylvania · 1897
- Anderson v. WilliamsSuperior Court of Pennsylvania · 1899
- Gausler v. BridgesSuperior Court of Pennsylvania · 1900
3Cited by1 opinion
- Snyder v. LingoSuperior Court of Pennsylvania · 1906