Mayo v. Koller
Superior Court of Pennsylvania
Appeal, No. 16, March T., 1905, by defendant, from judgment of C. P. Cumberland Co., Sept. T., 1908, No. 175, on verdict for plaintiff in case of Emerson S. Mayo, trading as Glen Bros. v. J. H. Koller. Assumpsit for breach of contract. Before E. W. Biddle, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 16, March T., 1905, by defendant, from judgment of C. P. Cumberland Co., Sept. T., 1908, No. 175, on verdict for plaintiff in case of Emerson S. Mayo, trading as Glen Bros. v. J. H. Koller. Assumpsit for breach of contract. Before E. W. Biddle, P. J. The facts are stated in the opinion of the Superior Court. Defendant filed the following points : 1. No consideration having passed to the defendant from the plaintiff at the time the order was given, she was at liberty to withdraw or revoke same on January 5, 1903. Answer: This point is refused. An examination of the papers of…
1Opinion of the Court
Opinion by
Beaver, J.,
The plaintiff, through his solicitor, procured the following order:
“Mechanicsburg, Pa., December 30,1902.
“Glen-Brothers, Nurserymen,
“ Rochester, N. Y.
“ You will please have dug and furnish me. the following nursery stock for the improvement of my property, for which I am' responsible, and for which I agree to pay you, or your delivery • agent, the prices set opposite the respective articles, amounting to $123.50 in cash, on delivery at my residence, in *93the month of April or May, 1903. Should any part be omitted, the price of such shall be deducted. The stock when de-'…
2Cases cited1 opinion
- Bronson v. HerbertMichigan Supreme Court · 1893
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