Colt Co. v. Evans
Superior Court of Pennsylvania
Appeal, No. 14, March T., 1920, by plaintiff, from order of O. P. Lackawanna County, Oct. T., 1917, No. 1536, discharging rule for judgment for want of a sufficient affidavit of defense in the case of J. B. Colt Company v. George F. Evans. Assumpsit for goods sold and delivered. Before Edwards, P. J. Rule for judgment for want of a sufficient affidavit of defense. The court discharged the rule. Plaintiff appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Linn, J.,
Plaintiff sued for the purchase price of a generator and certain fixtures bought by defendant by an order addressed to plaintiff, signed by defendant and accepted by plaintiff. The order, dated January 18, 1917, directs plaintiff to “furnish the following generator and appliances f. o. b. factory at Newark, New Jersey, to the undersigned, hereinafter referred to as the purchaser ......” At the foot of the order appears the acceptance of plaintiff dated January 22, 1917. Among other provisions is the following: “This order shall become a contract between the purchaser and…
2Cases cited7 opinions
- Ridgeway Dynamo & Engine Co. v. Pennsylvania Cement Co.Supreme Court of Pennsylvania · 1908
- Keough v. LeslieSupreme Court of Pennsylvania · 1880
- Greenawalt v. KohneSupreme Court of Pennsylvania · 1877
- Tranter Manufacturing Co. v. BlaneySuperior Court of Pennsylvania · 1915
- S. Morgan Smith Co. v. Monroe County Water Power & Supply Co.Supreme Court of Pennsylvania · 1908
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3Cited by4 opinions
- Gross v. Exeter Machine Works, Inc.Supreme Court of Pennsylvania · 1923
- Meyercord Co. v. Gwilliam Manufacturing Co.Superior Court of Pennsylvania · 1924
- East Coast Fi. Corp. v. LinckSuperior Court of Pennsylvania · 1931
- Eagle Package Co. v. KincusSuperior Court of Pennsylvania · 1926