Patterson & Co. v. Robinson Bros.

ARCHBALD, District Judge.

Incident to a sale made by the plaintiffs to the defendants of the Lock Haven Clay Works, it was agreed by the defendants that they would take all the manufactured pipe on hand, paying a certain price for No. 1. and another price for No. 2, which is of less value. These are two well-established grades of sewer pipe, and cover everything in that line which is considered marketable; pipe which is neither No. 1 nor No. 2, while sometimes used for farm drains and the like, having no commercial rating. This suit is for the price of the pipe so claimed to have been sold.…