Harris Chemical Co. v. Tunnell & Co.
Supreme Court of Pennsylvania
Appeal, No. 211, Jan. T., 1917, by defendant, from judgment of C. P. No. 4, Philadelphia Co., June T., 1915, No. 4810, on verdict for plaintiff, in case of Harris Chemical Company, to' the use of Peters, White & Company, v. F. W. Tunnell & Co., In: corporated. Assumpsit for breach of contract of'sale. Before Fin-letter, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,766.63 and judgment thereon. Defendant appealed.
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Appeal, No. 211, Jan. T., 1917, by defendant, from judgment of C. P. No. 4, Philadelphia Co., June T., 1915, No. 4810, on verdict for plaintiff, in case of Harris Chemical Company, to' the use of Peters, White & Company, v. F. W. Tunnell & Co., In: corporated. Assumpsit for breach of contract of'sale. Before Fin-letter, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,766.63 and judgment thereon. Defendant appealed. Errors assigned were in refusing to direct a verdict for defendant and in refusing to enter judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The transaction out of which this controversy arises is evidenced by a written contract entered into March 29, 1915, under the terms of which the defendant company sold to- the plaintiff company three hundred tons of muriate of potash of a certain refined quality at the price of ,|200 per ton, to be delivered f. o. b. Penna. R. R. shipper’s works, Philadelphia, in carload lots of not less than fifteen tons, as ordered out by buyers. The contract contains the following provision “Buyers to give the seller reasonable notice of all shipments wanted. Final shipments…
2Cases cited2 opinions
- Bole v. New Hampshire Fire Ins.Supreme Court of Pennsylvania · 1893
- Sprout v. Mints, Pennsylvania Court of Common Pleas, Sullivan County1889
3Cited by3 opinions
- Lewis v. Fidelity & Casualty Co.Supreme Court of Pennsylvania · 1931
- Nimlet's EstateSupreme Court of Pennsylvania · 1930
- Eidemiller v. Keystone Coal & Coke Co., Pennsylvania Court of Common Pleas, Westmoreland County1930