Polin v. Weisbrot
Superior Court of Pennsylvania
Appeal, No. 130, Oct. T., 1912, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1910, No. 2,124, on verdict for defendant in case of Morris Polin v. Samuel H. Weisbrot and Louis Mandel, trading as Weisbrot and Mandel. Assumpsit for goods sold and delivered. Before Sulzberger, P. J. The facts are stated in the opinion of the Superior Court. At the trial the court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 130, Oct. T., 1912, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1910, No. 2,124, on verdict for defendant in case of Morris Polin v. Samuel H. Weisbrot and Louis Mandel, trading as Weisbrot and Mandel. Assumpsit for goods sold and delivered. Before Sulzberger, P. J. The facts are stated in the opinion of the Superior Court. At the trial the court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Hendebson, J.,
The plaintiff, a dealer in woolen cloths, sold to the defendants eighteen pieces of cloth subject to the inspection and approval of the Schwarzwaelder Company, whose business it was to sponge and inspect cloth for manufacturers and dealers. The cloth was delivered to that company and inspected in accordance with the understanding of the parties. Six of the pieces were passed in the inspection but twelve were rejected as not coming up to the standard of perfection in manufacture. These were reported by the inspector as to be returned to the seller. Thereupon, the…
2Cases cited6 opinions
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Ziegler v. McFarlandSupreme Court of Pennsylvania · 1892
- Bernstein v. HirschSuperior Court of Pennsylvania · 1907
- Christman v. MartinSuperior Court of Pennsylvania · 1898
- West Point Cotton Mills v. BlytheSuperior Court of Pennsylvania · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lucacher v. KersonSupreme Court of Pennsylvania · 1946
- Dimmick v. Banning, Cooper & Co.Supreme Court of Pennsylvania · 1917
- Barron Co. v. Fox & Co.Superior Court of Pennsylvania · 1924
- Cosmo Dress, Inc. v. Perlstein Co., Inc.Superior Court of Pennsylvania · 1938
- Sollenberger & Branthaver v. ScattergoodSuperior Court of Pennsylvania · 1923
3 more not listed; retrieve them via the Exa API.