Mitchell v. Baker
Supreme Court of Pennsylvania
Appeal, No. 47, Jan. T., 1903, by defendant, from judgment of C. P. Schuylkill Co., July T., 1901, No. 27, on verdict for plaintiff, in case of James E. Mitchell, trading as James E. Mitchell & Company, v. E. H. Baker. Assumpsit for goods sold and delivered. The opinion of the Supreme Court states the case. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $1,758.21. Defendant appealed.
Read the full summary
Appeal, No. 47, Jan. T., 1903, by defendant, from judgment of C. P. Schuylkill Co., July T., 1901, No. 27, on verdict for plaintiff, in case of James E. Mitchell, trading as James E. Mitchell & Company, v. E. H. Baker. Assumpsit for goods sold and delivered. The opinion of the Supreme Court states the case. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $1,758.21. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
The contract for the bread i of which damages in this suit *378were claimed was made at Schuylkill Haven, Pennsylvania. The selling agent of appellee called upon appellant and offered to sell him 20,000 pounds of a certain kind of yarn. Appellant offered to buy 20,000 pounds of such yarn at a specified price. The selling agent told appellant that he would submit this offer to appellee. This he did and appellee having ascertained from the Kingston Mills in North Carolina that they would furnish him the amount of yarn that appellant wanted to purchase, he sent a sales…
2Cases cited5 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Stollenwerck v. ThacherMassachusetts Supreme Judicial Court · 1874
- Pennsylvania R. Co. v. Stern & SpiegelSupreme Court of Pennsylvania · 1888
- Puritan Coke Co. v. ClarkSupreme Court of Pennsylvania · 1903
- Hieskell v. Farmers' & Mechanics' National BankSupreme Court of Pennsylvania · 1879
3Cited by5 opinions
- United States Ex Rel. Brody v. HechtCourt of Appeals for the Second Circuit · 1926
- Dolan Mercantile Co. v. MarcusSupreme Court of Pennsylvania · 1923
- Paramount Lithographic Plate Service, Inc. v. Hughes Printing Co., Pennsylvania Court of Common Pleas, Philadelphia County1977
- Finance & Guarantee Co. v. StittCourt of Appeals for the Third Circuit · 1927
- Nomordust Chemical Co. v. J. A. Eberts & Co.Superior Court of Pennsylvania · 1915