Lowenstein v. Greenbaum
Superior Court of Pennsylvania
Appeal, No. 364, Oct. T., 1915, by plaintiffs, from judgment of Municipal Court, May T., 1915, No. 381, for defendant n. o. v. in case of M. Lowenstéin & Sons v. Harry Greenbaum. Assumpsit for goods sold and delivered. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Head, J.,
The plaintiffs sue to recover the price of a case of merchandise said to contain 4,133 yards of sateen at eight and one-fourth cents per yard alleged to have been sold and delivered to defendant. The averments of the amended statement, not specifically denied, and the uncontradicted evidence offered in support of them, leave no doubt the goods were ordered and the price thereof agreed upon. These questions are thus removed from the controversy. The real and practically the only issue to be determined at the trial was whether or not the packing case containing the goods had…
2Cases cited2 opinions
- Canfield v. Johnson, Pennsylvania Court of Common Pleas, Tioga County1891
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- E. I. Du Pont De Nemours & Co. v. TomlinsonCourt of Appeals for the Fourth Circuit · 1924
- Commonwealth v. Grotefend HaunSuperior Court of Pennsylvania · 1924
- Specktor v. Victory Ins. Co.Supreme Court of Pennsylvania · 1924
- Evans v. Commercial Trust Co.Superior Court of Pennsylvania · 1921
- John Wanamaker, Phila. v. ChaseSuperior Court of Pennsylvania · 1922
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