Northwestern Consol. Milling Co. v. Rosenberg
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Eastern District .of Pennsylvania; J. Whitaker Thompson, Judge. Action at law by the Northwestern Consolidated Milling Company against Joseph Rosenberg and Myer Rosenberg, trading as J. Rosenberg & Sons. Judgment for defendants, and plaintiff brings error.
1Opinion of the Court
WOOLLEY, Circuit Judge.
The plaintiff, a corporation of Minnesota, and the defendants, citizens of Pennsylvania, entered into a contract for the sale and purchase of flour. The plaintiff shipped the flour, but before it reached Philadelphia the market fell and the defendants declined to pay for it. The plaintiff brought this suit in assumpsit to recover the difference between the contract price and the market price upon the date payment was refused. The defendants, by an affidavit of defense, pleaded the Pennsylvania statute of frauds. Uniform Sales Act of Pennsylvania of May 19, 1915, § 4 (P.…
2Cases cited3 opinions
- Manufacturers Light & Heat Co. v. LampSupreme Court of Pennsylvania · 1921
- Hinchman v. LincolnSupreme Court of the United States · 1888
- Title Guaranty & Surety Co. v. LippincottSupreme Court of Pennsylvania · 1916
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- Howell v. Witman-Schwartz Corp.Court of Appeals for the Third Circuit · 1925
- Brussell v. MaimonSuperior Court of Pennsylvania · 1933
- Mellen Produce Co. v. FinkWisconsin Supreme Court · 1937
- Becker Pretzel Bakeries, Inc. v. Loefflad, Pennsylvania Court of Common Pleas, Luzerne County1957