Samuel v. Delaware River Steel Co.
Supreme Court of Pennsylvania
Appeal, No. 165, Jan. T., 1919, by plaintiffs, from judgment of Superior Court, Oct. T., 1917, No. 4, reversing judgment of C. P. Del. Co., Sept. T., 1915, No. 63, on verdict for plaintiffs in case of Frank Samuel, Silas M. Tomlinson and S. A. Cochran, trading as Frank Samuel, v. Delaware River Steel Company. Appeal from judgment of Superior Court. See 69 Pa. Superior Ct. 605. The Superior Court reversed the judgment of the Court of Common Pleas of Delaware County.
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Appeal, No. 165, Jan. T., 1919, by plaintiffs, from judgment of Superior Court, Oct. T., 1917, No. 4, reversing judgment of C. P. Del. Co., Sept. T., 1915, No. 63, on verdict for plaintiffs in case of Frank Samuel, Silas M. Tomlinson and S. A. Cochran, trading as Frank Samuel, v. Delaware River Steel Company. Appeal from judgment of Superior Court. See 69 Pa. Superior Ct. 605. The Superior Court reversed the judgment of the Court of Common Pleas of Delaware County. Error assigned was order reversing judgment of the common pleas.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Defendant purchased from plaintiffs, who are brokers in steel and iron products with offices in the City of Philadelphia, two carloads of a commodity known in the trade as “roll scale” to be delivered to defendant at Chester, Pa. Plaintiffs purchased the roll scale from the Lebanon Valley Iron & Steel Company and ordered that shipment be made directly to defendant’s mill. Upon receipt and unloading of the material it was discovered, as alleged by defendant, the contents of one of the two cars contained largely mill cinder, a product of less value than roll scale:…
2Cases cited4 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Holloway v. JacobySupreme Court of Pennsylvania · 1888
- Selser v. Roberts & Co.Supreme Court of Pennsylvania · 1884
- Armstrong v. DescalziSuperior Court of Pennsylvania · 1911
3Cited by11 opinions
- Wright v. General Carbonic Co.Supreme Court of Pennsylvania · 1921
- John E. Smith's Sons Co. v. Lattimer Foundry & Machine Co.District Court, M.D. Pennsylvania · 1956
- National Container Corp. v. Regal Corrugated Box Co.Supreme Court of Pennsylvania · 1956
- Thomas v. CohenSupreme Court of Pennsylvania · 1923
- Trotta v. PreteSupreme Court of Connecticut · 1930
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