Truitt v. Guenther Lumber Co.
Superior Court of Pennsylvania
Appeal, No. 23, Oct. T., 1919, by plaintiff, from judgment of C. P. No. 2, Phila. County, Sept. T., 1917, No. 500, on verdict for defendant in the case of J. W. Truitt, trading as J. W. Truitt & Company, v. Guenther Lumber Company, a Corporation. Assumpsit for goods sold and delivered. Before Wessel, J. The facts are stated in the opinion of the Superior Court. Verdict for defendant for $860.88 and judgment thereon. Plaintiff appealed.
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Appeal, No. 23, Oct. T., 1919, by plaintiff, from judgment of C. P. No. 2, Phila. County, Sept. T., 1917, No. 500, on verdict for defendant in the case of J. W. Truitt, trading as J. W. Truitt & Company, v. Guenther Lumber Company, a Corporation. Assumpsit for goods sold and delivered. Before Wessel, J. The facts are stated in the opinion of the Superior Court. Verdict for defendant for $860.88 and judgment thereon. Plaintiff appealed. Errors assigned were refusal of plaintiff’s request for binding instructions and for judgment non obstante veredicto, and the charge of the court.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff brought this action to recover the balance due for lumber sold to the defendant on written orders given from time to time as the lumber was required. There was no dispute in regard to the amount of the plaintiff’s claim; the defense was that the plaintiffs had not shipped all of the lumber ordered and which they agreed to deliver, as a result of which, the defendant sustained a loss arising from the increase in value of lumber of the kind contracted for, which loss exceeded the amount of the plaintiffs’ claim and was a valid set-off against the…
2Cases cited2 opinions
- Rugg & Bryan v. MooreSupreme Court of Pennsylvania · 1885
- Reybold v. VoorheesSupreme Court of Pennsylvania · 1858
3Cited by3 opinions
- American Tube & Stamping Co. v. Erie Iron & Steel Co.Supreme Court of Pennsylvania · 1924
- Plotnick v. Pennsylvania Smelting & Refining Co.Court of Appeals for the Third Circuit · 1952
- F. A. D. Andrea, Inc. v. DodgeCourt of Appeals for the Third Circuit · 1926