Pittsburg Sheet Manufacturing Co. v. West Penn Sheet Steel Co.
Supreme Court of Pennsylvania
Appeal, No. 134, Oct. T., 1900, by plaintiff, from order of O. P. Armstrong Co., March T., 1900, No. 53, refusing to take off nonsuit in case of Pittsburg Sheet Manufacturing Company v. West Penn Sheet Steel Company. Assumpsit on a contract of sale. Before Patton, P. J. The facts are fully stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The plaintiff sued the defendant company to recover damages for failure to deliver steel in pursuance of a contract made in the name of the defendant company by B. F. Jennings, claiming to act as its general sales agent. The case turns upon the rightful authority of Jennings to so act.
It appears that upon February 22, 1899, Jennings made a proposition in writing in the name of the defendant to sell to the plaintiff, the Pittsburg Sheet Manufacturing Company, 700 tons of soft sheet steel for shipment, as specified, during the ensuing March, April and May. Before…
2Cited by1 opinion
- Pittsburg Sheet Manufacturing Co. v. West Penn Sheet Steel Co.Supreme Court of Pennsylvania · 1902