Legal Opinion

Hartley Silk Manufacturing Co. v. Berg

Superior Court of Pennsylvania

Decided December 11, 1911No. Appeal, No. 287PublishedCited by 10 opinions

Appeal, No. 287, Oct. T., 1910, by defendant, from judgment of C. P. No. 5, Phila. Co., March T., 1910, No. 3,271, for plaintiff on demurrer in case of The Hartley Silk Manufacturing Company v. David Berg. Demurrer to statement of claim. The facts are set forth in the opinion of the Superior Court. The court overruled the demurrer and subsequently entered judgment for plaintiff for $568.71. Defendant appealed.

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Appeal, No. 287, Oct. T., 1910, by defendant, from judgment of C. P. No. 5, Phila. Co., March T., 1910, No. 3,271, for plaintiff on demurrer in case of The Hartley Silk Manufacturing Company v. David Berg. Demurrer to statement of claim. The facts are set forth in the opinion of the Superior Court. The court overruled the demurrer and subsequently entered judgment for plaintiff for $568.71. Defendant appealed. Error assigned was in overruling demurrer and entering judgment for plaintiff. The contention of the defendant is that the letters from himself to plaintiff are merely an offer to…

1Opinion of the Court

Opinion bt

Morrison, J.,

In this action of assumpsit the plaintiff declared against the defendant as guarantor, basing the liability of the latter on the sale and delivery of goods, wares and merchandise to the Superior Manufacturing Company of Philadelphia, Pa., and the following letters mailed by the defendant to the plaintiff at No. 487 Broome street, New York city, where the latter company was then engaged in business. The first of said letters was as follows: “The Hartley Silk Manufacturing Co., Gentlemen: Confirming the conversation of the Superior Mfg. Co. with your representative, Mr.…

2Cases cited23 opinions

  1. Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
  2. Union National Bank of Chicago v. ChapmanNew York Court of Appeals · 1902
  3. Beakes v. . DacunhaNew York Court of Appeals · 1891
  4. Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
  5. Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889

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3Cited by10 opinions

  1. Homewood Peoples Bank v. HastingsSupreme Court of Pennsylvania · 1919
  2. Westinghouse Electric & Manufacturing Co. v. WilsonSuperior Court of Pennsylvania · 1916
  3. Atalanta Corp. v. Ohio Valley Provision Co.Superior Court of Pennsylvania · 1979
  4. Jacobs v. Mohnton Trust Co.Supreme Court of Pennsylvania · 1930
  5. Owen M. Bruner Co. v. Standard Lumber Co.Superior Court of Pennsylvania · 1916

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