Legal Opinion

Farley v. Kline

Superior Court of Pennsylvania

Decided March 28, 1899No. Appeal, No. 5PublishedCited by 1 opinion

Appeal, No. 5, Feb. T., 1899, by-plaintiff, from judgment of C. P. Lycoming Co., March T., 1896, No. 535, on verdict for defendant. Assumpsit. Before Metzger, P. J. It appears from the evidence that plaintiff brought an action to recover the price of a show case consigned to defendant by plaintiff upon the order of C. W. Wheeland.

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Appeal, No. 5, Feb. T., 1899, by-plaintiff, from judgment of C. P. Lycoming Co., March T., 1896, No. 535, on verdict for defendant. Assumpsit. Before Metzger, P. J. It appears from the evidence that plaintiff brought an action to recover the price of a show case consigned to defendant by plaintiff upon the order of C. W. Wheeland. The action was founded on a book account charging defendant with $45.00 entered on April 4, 1895. It was alleged by plaintiff but denied by defendant that the latter had been notified by letter of the consignment and a bill had been mailed of the show case which…

1Opinion of the Court

Opinion by

Rice, P. J.,

This case, viewed in the light of the facts established by the verdict of the jury, may be briefly stated as follows : The plaintiff, doing' business in Rochester, N. Y., bargained with one Wheeland, doing business in Williamsport, to sell the latter a show case. The plaintiff, not being satisfied as to Wheeland’s financial responsibility, asked him for references. The latter replied that he was dealing with the defendant — a fact of which there is no evidence in the case — and directed the plaintiff to ship the show case to the defendant, or in his care. This the…

2Cases cited2 opinions

  1. Indiana Mfg. Co. v. HayesSupreme Court of Pennsylvania · 1893
  2. Stephenson v. GrimSupreme Court of Pennsylvania · 1882

3Cited by1 opinion

  1. Burke Electric Co. v. Pennsylvania Light & Power Co.Superior Court of Pennsylvania · 1915

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