Republic Foreign Products Co. v. Southwark Foundry & Machine Co.
Supreme Court of Pennsylvania
Appeal, No. 78, Jan. T., 1921, by defendant, from order of C. P. No. 4, Phila. Co., Sept. T., 1919, No. 740, making absolute rule for judgment for want of a sufficient affidavit of defense, in case of Republic Foreign Products Co. to use of tbe Barrett Co. v. Southwark Foundry & Machine Co. Assumpsit by selling agent for commissions for procuring contract. Before Audenried, P. J. The opinion of the Supreme Court states the facts.
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Appeal, No. 78, Jan. T., 1921, by defendant, from order of C. P. No. 4, Phila. Co., Sept. T., 1919, No. 740, making absolute rule for judgment for want of a sufficient affidavit of defense, in case of Republic Foreign Products Co. to use of tbe Barrett Co. v. Southwark Foundry & Machine Co. Assumpsit by selling agent for commissions for procuring contract. Before Audenried, P. J. The opinion of the Supreme Court states the facts. The court made absolute rule for judgment for want of a sufficient affidavit of defense. Defendant appealed. Error assigned was above order, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Sadler,
The. Southwark Foundry & Machine Company employed the Republic Foreign Products Company to make sale of certain engines, and orally agreed to allow a commission of $11,000 for the service, viz: $1,000 on account within three months, and $1,000 upon the shipment of each of ten engines. An order was secured, as contemplated, on July 10, 1917, and on the day following the promise to compensate was confirmed by letter. A contract, the contents of which were known and assented to by the agent, was entered into between the defendant and the Downey Shipbuilding…
2Cases cited7 opinions
- Moore v. Luzerne CountySupreme Court of Pennsylvania · 1918
- Erie City v. ButlerSupreme Court of Pennsylvania · 1888
- Hebb v. Kittanning Ins.Supreme Court of Pennsylvania · 1890
- Crown Embroidery Works v. GordonAppellate Division of the Supreme Court of the State of New York · 1920
- Aikins v. Thackara Mfg. Co.Superior Court of Pennsylvania · 1900
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- Fleck v. Durawood Inc.Supreme Court of Pennsylvania · 1987
- Marcin v. Darling Valve & Manufacturing Co.District Court, W.D. Pennsylvania · 1966
- Zerodec MegaCorp. v. Terstep of Texas, Inc. (In Re Zerodec MegaCorp.)United States Bankruptcy Court, E.D. Pennsylvania · 1986
- Hazell v. Servomation Corp.Superior Court of Pennsylvania · 1982
- Fahey v. York-Shipley, Inc., Pennsylvania Court of Common Pleas, York County1949
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