Columbia Produce Co., Inc. v. Tiskowitz

Opinion by

Rhodes, J.,

Plaintiff brought an action in assumpsit against defendant alleging a breach of an oral agreement to purchase a carload of live poultry. It was averred in the amended statement of claim that on or about March 31, 1934, plaintiff entered into an oral agreement with defendant whereby defendant agreed to act as commission merchant for plaintiff under the following terms, to wit: Plaintiff agreed to ship to defendant at Philadelphia one carload of live poultry consigned to plaintiff, which defendant agreed to accept, unload, and sell for plaintiff’s account, at a minimum…