Rees v. R. A. Bowers Co.
Supreme Court of Pennsylvania
Appeal, No. 332, Jan. T., 1924, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1922, No. 5025, on verdict for plaintiff, in case of S. C. Rees v. R. A. Bowers Company. Assumpsit for breach of contract in failing to accept and pay for eggs. Before McDevitt, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,516.04. Defendant appealed.
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Appeal, No. 332, Jan. T., 1924, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1922, No. 5025, on verdict for plaintiff, in case of S. C. Rees v. R. A. Bowers Company. Assumpsit for breach of contract in failing to accept and pay for eggs. Before McDevitt, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,516.04. Defendant appealed. Errors assigned were, among others, (7) refusal of binding instructions for defendant, (8) dismissal of motion for judgment for defendant n. o. v., quoting the record, and (9) entering judgment on the…
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
Under date of March 9, 1921, R. A. Bowers Company purchased one car storage packed eggs per week to be shipped during the months of March, April, May and June from Kokomo, Indiana. The contents of the first car shipped was placed in storage, and subsequently inspected by the proper officer. The certificate of inspection showed the eggs did not correspond with the grade contracted for, whereupon the buyer notified the seller they were “not up to grading” and “it is with great regret that we must refuse this car and cancel the contract made with you. Will you…
2Cases cited19 opinions
- Kadish v. YoungIllinois Supreme Court · 1883
- Theiss v. WeissSupreme Court of Pennsylvania · 1895
- Guillon v. EarnshawSupreme Court of Pennsylvania · 1895
- McLean v. RichardsonMassachusetts Supreme Judicial Court · 1879
- M'Combs v. M'KennanSupreme Court of Pennsylvania · 1841
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3Cited by10 opinions
- California Fruit Exchange v. HenryDistrict Court, W.D. Pennsylvania · 1950
- Parish Mfg. Corp. v. Martin-Parry Corp.Supreme Court of Pennsylvania · 1925
- Atlantic City Tire & Rubber Corp. v. Southwark Foundry & MacHine Co.Supreme Court of Pennsylvania · 1927
- Wurlitzer Company v. OliverDistrict Court, W.D. Pennsylvania · 1971
- Growers' Exchange v. John A. Eck Co.Utah Supreme Court · 1925
5 more not listed; retrieve them via the Exa API.