Port Carbon Iron Co. v. Groves
Supreme Court of Pennsylvania
March 9th 1871. Before Thompson, C. J., Read, Asnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Schuylkill county: No. 216, to July Term 1870. In the court below, Michael J. Groves and others, trading as Grove Brothers, to June Term 1868, brought an action of assumpsit against the Port Carbon Iron Company for the price of 10 tons of pig iron at $46 per ton.
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March 9th 1871. Before Thompson, C. J., Read, Asnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Schuylkill county: No. 216, to July Term 1870. In the court below, Michael J. Groves and others, trading as Grove Brothers, to June Term 1868, brought an action of assumpsit against the Port Carbon Iron Company for the price of 10 tons of pig iron at $46 per ton. The plaintiffs proved that on the 10th of November 1866, they sold to the defendants, in pursuance of written order, 10 tons of A No. 1 pig-iron, at $46 per ton cash, and so entered it in their…
1Opinion of the Court
The opinion of the court was delivered,
by Read, J.
The plaintiffs sold to the defendants ten tons A No. 1 pig-iron, at $46 per ton, cash. It was to be of the first quality, A No. 1 iron, and it was shipped to the defendants, who retained and used it.
On the trial the defendants made the following offer:—
“ The defendant proposes to prove by Ralph Lee and others, witnesses produced on the part of the defendant, that the castings made from the iron sold by the plaintiffs to the defendant, and to recover the value of which this suit was instituted, were worthless, and that the defendant was…
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