Minkin v. Fischer
Superior Court of Pennsylvania
Appeal, No. 5, October T., 1918, by defendant, from judgment of C. P. Lycoming County, June T., 1916, No. 283, on verdict for plaintiff in case of Wolf Minkin v. Abraham Fischer, trading as Keystone Iron and Metal Company. Assumpsit on written contract. Before Whitehead, P. J. Tlie facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $296.26. Defendant appealed.
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Appeal, No. 5, October T., 1918, by defendant, from judgment of C. P. Lycoming County, June T., 1916, No. 283, on verdict for plaintiff in case of Wolf Minkin v. Abraham Fischer, trading as Keystone Iron and Metal Company. Assumpsit on written contract. Before Whitehead, P. J. Tlie facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $296.26. Defendant appealed. Error assigned, among others, was refusal of defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Porter, J.,
The parties, on January 5,1916, entered into an agreement for the sale by the plaintiff to the defendant of all the scrap iron in two yards, at the price of 57% cents per 100 lbs. f. o. b. yards, the iron to be weighed on wagon scales, and the plaintiff to pay for weighing; the defendant to commence removing the iron on or before the 12th day of the same month, and to pay for the iron as each car was billed out. Defendant did take one carload of the iron on the 12th of January but failed to take any steps to remove the remainder. The plaintiff, on February 12, 1916, wrote…
2Cases cited2 opinions
- Ballentine v. RobinsonSupreme Court of Pennsylvania · 1863
- Edson v. MageeSuperior Court of Pennsylvania · 1910
3Cited by2 opinions
- Rooster, Inc. v. Raphael Roy, S.R.L. (In Re Rooster, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1991
- Lamborn v. Miller, Pennsylvania Court of Common Pleas, Erie County1924