I. L. Lyons Co. v. Mahn
Superior Court of Pennsylvania
Appeal, No. 84, Oct. T., 1915, by defendants, from judgment of Municipal Court, Philadelphia Co., Nov. T., 1914, No. 487, for plaintiff on case tried by the court without a jury in suit of I. L. Lyons and Co., Ltd., v. Godfrey S. Mahn and George B. Mahn, trading as Godfrey S. Mahn Company. Assumpsit on a contract.
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Appeal, No. 84, Oct. T., 1915, by defendants, from judgment of Municipal Court, Philadelphia Co., Nov. T., 1914, No. 487, for plaintiff on case tried by the court without a jury in suit of I. L. Lyons and Co., Ltd., v. Godfrey S. Mahn and George B. Mahn, trading as Godfrey S. Mahn Company. Assumpsit on a contract. Crane, J., filed the following opinion: Plaintiff purchased from defendant through the latter’s salesman, one R. H. MacArthur, 100,000 cigars, which cigars were delivered by defendant to the plaintiff and paid for in full. These facts are undisputed. It appears that in negotiating…
1Opinion of the Court
Opinion by
Rice, P. J.,
The evidence in this case warranted these findings: that the plaintiff, a wholesale dealer in drugs and cigars at New Orleans, and a distributor of cigars among the druggists and cigar dealers of the South, purchased from the defendants, manufacturers of cigars at Philadelphia, 100,000 cigars at the price of $3,751.10, which were delivered and paid for in full; that in negotiating the sale, and as part of the inducement to purchase held out to and relied on by the plaintiff, McArthur, the defendant’s salesman, agreed that if the plaintiff would make the purchase he,…
2Cases cited4 opinions
- Erny v. SauerSupreme Court of Pennsylvania · 1912
- Fink v. Farmers' BankSupreme Court of Pennsylvania · 1896
- Wimer v. Overseers of the PoorSupreme Court of Pennsylvania · 1883
- Brightly v. McAleerSuperior Court of Pennsylvania · 1897
3Cited by2 opinions
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- Clarke v. United StatesCourt of Appeals for the Third Circuit · 1951