Zuck v. McClure & Co.
Supreme Court of Pennsylvania
October 13th 1881. Before Sharswood, C. J., Mergur, Gordon, Paxson, Trunkey and Sterrett, JJ. Green, J., absent. Error to the Court of Common Pleas No. 1, of Allegheny cotmiy: Of October and November Term 1881, No. 105. Assumpsit, by Zuck & Henry against G. T. Rafferty et al., trading as McClure & C.o.
Read the full summary
October 13th 1881. Before Sharswood, C. J., Mergur, Gordon, Paxson, Trunkey and Sterrett, JJ. Green, J., absent. Error to the Court of Common Pleas No. 1, of Allegheny cotmiy: Of October and November Term 1881, No. 105. Assumpsit, by Zuck & Henry against G. T. Rafferty et al., trading as McClure & C.o. The action was brought November 2üth’1879, the writ served andmarr. filed the same day, to recover $1,500 due plaintiffs for coke delivered to the defendants during tlie month of October, 1879, under a written contract. The fact of delivery and the price was not disputed. On' the trial, before…
1Opinion of the CourtJustice Paxson
This action was commenced in the court below on the 29th day of November 1879, and was to recover about $1,500 for coke delivered'by the plaintiffs to the defendants during the. previous October. There was no serious dispute as to either the delivery of the coke or the amount; but the defendants set up as a defence the breach of a contract on the part of the plaintiffs for future deliveries of coke. To state sai’d contract briefly, the plaintiffs had agreed to sell and deliver to the defendants the entire product of their Eldorado works, comprising forty ovens, at a fixed price per ton, and…
2Cited by30 opinions
- William B. Tanner Co., Inc., and Pepper & Tanner, Inc. v. Wioo, Inc.Court of Appeals for the Third Circuit · 1975
- Moore v. JenkinsTexas Supreme Court · 1919
- Bu-Vi-Bar Petroleum Corporation v. KrowCourt of Appeals for the Tenth Circuit · 1930
- Indiana Life Endowment Co. v. CarnithanIndiana Court of Appeals · 1915
- Pocono Spring Water Ice Co. v. American Ice Co.Supreme Court of Pennsylvania · 1906
25 more not listed; retrieve them via the Exa API.