Mankin v. Parry
Superior Court of Pennsylvania
Appeal, No. 119, Oct. T., 1918, by defendant, from judgment of O. P. No. 3, Philadelphia Co., Sept. T., 1916, No. 3421, on verdict for plaintiff in case of L. E. Mankin v. Charles X. Parry, trading as Charles X. Parry & Company. Assumpsit for goods sold and delivered. Before Ferguson, J. At the trial the jury returned a verdict for plaintiff for |272.82, upon which judgment was entered. Defendant appealed.
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Appeal, No. 119, Oct. T., 1918, by defendant, from judgment of O. P. No. 3, Philadelphia Co., Sept. T., 1916, No. 3421, on verdict for plaintiff in case of L. E. Mankin v. Charles X. Parry, trading as Charles X. Parry & Company. Assumpsit for goods sold and delivered. Before Ferguson, J. At the trial the jury returned a verdict for plaintiff for |272.82, upon which judgment was entered. Defendant appealed. Error assigned was the exclusion of the letter referred to in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Williams, J.,
Plaintiff declared for the contract price of lumber sold and delivered. Defendant set up the lumber was not of the quality ordered, and plaintiff was in default in not *560delivering two more cars. Plaintiff denied the lumber delivered was lacking in quality, and averred he received no shipping instructions as to the other two cars.
An offer of a copy of a letter containing shipping instructions was refused although there was qualifying testimony that defendant dictated and the stenographer wrote it, or thought she had because her initials appeared at the end; that it was…
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