Jayne v. Mickey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Perry county. This was an action of assumpsit between D. Jayne & Son, plaintiffs, and David Mickey, defendant, in which the following facts, in the nature of a special verdict, were agreed upon by the parties:— “ The plaintiffs, D. Jayne & Son, are the proprietors of Jayne’s Family Medicines, See., residing in Philadelphia, and are in the habit of consigning their medicines to country storekeepers to sell for them on commission, the…
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Error to the Court of Common Pleas of Perry county. This was an action of assumpsit between D. Jayne & Son, plaintiffs, and David Mickey, defendant, in which the following facts, in the nature of a special verdict, were agreed upon by the parties:— “ The plaintiffs, D. Jayne & Son, are the proprietors of Jayne’s Family Medicines, See., residing in Philadelphia, and are in the habit of consigning their medicines to country storekeepers to sell for them on commission, the latter only accounting to them for such goods as they may dispose of at the wholesale rates furnished to them, and being…
1Opinion of the Court
The opinion of the court was delivered, May 21st 1867, by
Woodward, C. J.
— In December 1856 Dr. Jayne & Son, who were druggists in the city of Philadelphia, furnished the defendant, a merchant in Perry county, an invoice of medicines amounting to $44, and took his receipt therefor, in which it was stipulated that the medicines were to be sold on agency, and accounted for at the annexed net wholesale prices; and then followed, as part of the receipt, a schedule of the medicines and prices. The defendant never rendered any account of the goods, and never returned them; but when he sold out his…
2Cases cited2 opinions
- Mandeville and Jamesson v. WilsonSupreme Court of the United States · 1809
- Weller v. WeyandSupreme Court of Pennsylvania · 1853