Barnett v. Becker
Superior Court of Pennsylvania
Appeal, No. 56, Jan. T., 1904, from judgment of C. P. Lackawanna Co., May T., 1901, No. 127, on verdict for plaintiff in case of S. Barnett & Son v. Becker Brothers. Assumpsit for goods sold and delivered. Before Newcomb, J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiffs for the full amount of their claim. Verdict and judgment for plaintiffs for 1561.12. Defendants appealed.
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Appeal, No. 56, Jan. T., 1904, from judgment of C. P. Lackawanna Co., May T., 1901, No. 127, on verdict for plaintiff in case of S. Barnett & Son v. Becker Brothers. Assumpsit for goods sold and delivered. Before Newcomb, J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiffs for the full amount of their claim. Verdict and judgment for plaintiffs for 1561.12. Defendants appealed. Error assigned was the instructions for plaintiff.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an appeal by the defendants from the judgment of the court below in a suit upon an oral contract for the sale of eight cases of tobacco by sample. The contract was made in New York, in March, 1900, between the plaintiffs and John J. Becker, one of the defendants, acting for his firm. The tobacco sold and purchased was in Wisconsin, and the defendants did not see it until it came to their place of business in Scranton, Pa. Each case contained substantially the same quantity of tobacco, but the defendants allege that the quality was not the same. At or about the…
2Cases cited8 opinions
- Reel v. ElderSupreme Court of Pennsylvania · 1869
- Shinn v. BodineSupreme Court of Pennsylvania · 1869
- Jones v. Jennings Bros. & Co.Supreme Court of Pennsylvania · 1895
- Lautner v. KannSupreme Court of Pennsylvania · 1898
- Lehigh Coal & Navigation Co. v. EvansSupreme Court of Pennsylvania · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Colonial Trust Co. v. GetzSuperior Court of Pennsylvania · 1905
- Trexler v. AfricaSuperior Court of Pennsylvania · 1907
- Zeller v. HauptSuperior Court of Pennsylvania · 1910
- Lenhart v. Cambria CountySuperior Court of Pennsylvania · 1905
- Grupp v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1910
3 more not listed; retrieve them via the Exa API.