G. B. Hurt, Inc. v. Fuller Canneries Co.
Supreme Court of Pennsylvania
Appeal, No. 150, Oct. T., 1920, by defendant, from judgment of O. P. Allegheny Co., July T., 1917, No. 2208, on verdict for plaintiff, in case of G. B. Hurt, Inc., v. Fuller Canneries. Co. Assumpsit for breach of contract. Before Reid, J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $1,635.05. Defendant appealed.
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Appeal, No. 150, Oct. T., 1920, by defendant, from judgment of O. P. Allegheny Co., July T., 1917, No. 2208, on verdict for plaintiff, in case of G. B. Hurt, Inc., v. Fuller Canneries. Co. Assumpsit for breach of contract. Before Reid, J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $1,635.05. Defendant appealed. Errors assigned, among others, were (1) refusal of defendant’s motion for judgment n. o. v. and (2) refusal of binding instructions for defendant, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
G. B. Hurt, Incorporated, sued the Fuller Canneries Company, a corporation, to recover damages for an alleged breach of contract; the jury rendered a verdict in favor of plaintiff, upon which judgment was entered, and defendant has appealed.
The contract in question was for the sale by defendant to plaintiff of certain canned goods, to be delivered in instalments, and the latter therein agreed to pay for each instalment “10 days from date of shipment.” The contract also had a provision that “No agreement expressed or implied not stated on each copy of this…
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