Legal Opinion

Duff v. Hamlin

Supreme Court of Pennsylvania

Decided January 3, 1922No. Appeal, No. 79PublishedCited by 7 opinions

Appeal, No. 79, Oct. T., 1921, by plaintiff, from judgment of O. P. Allegheny Co., July T., 1917, No. 1723, on verdict for defendant, in case of E. P. Duff, trading as P. Duff & Sons, v. Dwight E. Hamlin. Assumpsit for goods sold and delivered. Before Carnahan, J. The opinion of the Supreme Court states the facts. Verdict and judgment for defendant for $4,000. Plaintiff appealed.

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Appeal, No. 79, Oct. T., 1921, by plaintiff, from judgment of O. P. Allegheny Co., July T., 1917, No. 1723, on verdict for defendant, in case of E. P. Duff, trading as P. Duff & Sons, v. Dwight E. Hamlin. Assumpsit for goods sold and delivered. Before Carnahan, J. The opinion of the Supreme Court states the facts. Verdict and judgment for defendant for $4,000. Plaintiff appealed. Errors assigned were as follows: (1) in overruling plaintiff’s motion for judgment n. o. v., quoting the record; (2) in overruling plaintiff’s motion for a new trial for seven different reasons, quoting the record;…

1Opinion of the Court

Opinion by

Mr. Chief Justice Moschzisker,

Plaintiff, R. P. Duff, trading as P. Duff & Sons, brought suit against Dwight E. Hamlin, to recover for goods sold and delivered to him. Defendant admitted receipt of the goods, but claimed a set-off, which the jury allowed in part; judgment was entered, accordingly, in the sum of f4,000, and plaintiff has appealed.

Appellant claims that, in the summer and fall of 1915, he sold and delivered to defendant some eight tank cars of molasses, which, by mistake, were billed at the rate of six cents a gallon, whereas the price should have been sixteen cents;…

2Cases cited5 opinions

  1. Mix v. North American Co.Supreme Court of Pennsylvania · 1904
  2. Ward v. Babbitt, Inc.Supreme Court of Pennsylvania · 1921
  3. Keck v. Pittsburgh, Harmony, Butler & New Castle Railway Co.Supreme Court of Pennsylvania · 1922
  4. Mooney v. KinderSupreme Court of Pennsylvania · 1922
  5. Maculuso v. Humboldt Fire InsuranceSupreme Court of Pennsylvania · 1922

3Cited by7 opinions

  1. Thomas v. Duquesne Light Co.Supreme Court of Pennsylvania · 1988
  2. McKee, Tr. v. WardSupreme Court of Pennsylvania · 1927
  3. Riff v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1929
  4. Wolfe v. ScottSupreme Court of Pennsylvania · 1923
  5. Commonwealth v. MartinSupreme Court of Pennsylvania · 1930

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