Iron Trade Products Co. v. Wilkoff Co.
Supreme Court of Pennsylvania
Appeal, No. 56, Oct. T., 1921, by defendant, from order of C. P. Allegheny Co., Jan. T., 1921, No. 216, making absolute rule for judgment for want of a sufficient affidavit of defense, in case of Iron Trade Products Co. v. Wilkoff Co. Assumpsit for breach of contract to deliver steel rails. Rule for judgment for want of a sufficient affidavit of defense. Before Reid, J. The opinion of the Supreme Court states the facts. Rule absolute. Defendant appealed.
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Appeal, No. 56, Oct. T., 1921, by defendant, from order of C. P. Allegheny Co., Jan. T., 1921, No. 216, making absolute rule for judgment for want of a sufficient affidavit of defense, in case of Iron Trade Products Co. v. Wilkoff Co. Assumpsit for breach of contract to deliver steel rails. Rule for judgment for want of a sufficient affidavit of defense. Before Reid, J. The opinion of the Supreme Court states the facts. Rule absolute. Defendant appealed. Error assigned, among others, was order, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
In July, 1919, plaintiff entered into a written contract with defendant for the purchase of twenty-six hundred tons of section relaying rails, to be delivered in New York harbor at times therein specified, for $41 a ton. Defendant failed to deliver any of the rails and plaintiff brought this suit, averring, by reason of such default, it hád been compelled to purchase the rails elsewhere (two thousand tons thereof at $49.20 per ton and six hundred tons at $49 per ton), also that the market or current price of the rails at the time and place of delivery was…
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