Joseph v. Richardson
Superior Court of Pennsylvania
Appeal, No. 83, April T., 1896, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1895, No. 198, on verdict for defendant, finding him entitled to a certificate. Wickham, J., dissenting. Assumpsit to recover $747.07 upon an accepted seven days sight draft for rails sold. Before Magee, J. Yerdict for defendant, finding him entitled to a certificate for $209.34. •The following facts appear from the pleadings and evidence.
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Appeal, No. 83, April T., 1896, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1895, No. 198, on verdict for defendant, finding him entitled to a certificate. Wickham, J., dissenting. Assumpsit to recover $747.07 upon an accepted seven days sight draft for rails sold. Before Magee, J. Yerdict for defendant, finding him entitled to a certificate for $209.34. •The following facts appear from the pleadings and evidence. The plaintiff, a dealer in old rails, scrap iron, etc., sold defendant, an iron and steel broker, certain iron relaying rails, and suit was brought on an…
1Opinion of the Court
Opinion by
Rice, P. J.,
1. The proof of the contract out of which this litigation arose consists wholly of letters and telegrams which passed between the parties. The plaintiff, who is a dealer in old rails, scrap iron and metals at Cincinnati, made an offer to the defendant, who is an iron and steel broker at Pittsburg, to sell him eighty tons of thirty-five pound relaying iron rails with splice bars attached, for $19.00 per ton at Cincinnati, subject to demand draft with bill of lading attached. On July 24, 1894, the defendant telegraphed in reply to this offer: “Ship the re-layers to…
2Cases cited11 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- West Republic Mining Co. v. Jones & LaughlinsSupreme Court of Pennsylvania · 1885
- Himes v. KiehlSupreme Court of Pennsylvania · 1893
- Seigworth v. LeffelSupreme Court of Pennsylvania · 1875
- Holt v. PieSupreme Court of Pennsylvania · 1888
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