Lindsay v. Carbon Steel Co.
Supreme Court of Pennsylvania
Appeal, No. 336, Jan. T., 1899, and cross-appeal No. 363, Jan. T., 1899, by plaintiff and defendant, from judgment of C. P. No. 2, Pbila. Co., Sept. T., 1895, No. 184, on verdict for plaintiff. Assumpsit to recover commissions on sale of steel plates. Before Sulzberger, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 336, Jan. T., 1899, and cross-appeal No. 363, Jan. T., 1899, by plaintiff and defendant, from judgment of C. P. No. 2, Pbila. Co., Sept. T., 1895, No. 184, on verdict for plaintiff. Assumpsit to recover commissions on sale of steel plates. Before Sulzberger, J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,954.08. Error assigned by the Carbon Steel Company was in directing a verdict in favor of the plaintiff for $1,954.08. Error assigned by James G. Lindsay was in not instructing the jury to find for the full amount of the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff sued to recover commissions for the sale of 6,000 tons of steel plates. The plaintiff was the agent for the Carbon Steel Company, and through his instrumentality a proposal made by it to the Penooyd Iron Works was accepted by the following letter addressed to him: “We have now to accept the offer of the Carbon Steel Company to furnish us with about *1236.000 tons of universal plates for the Blackwell’s Island Bridge 1.38 c. per pound f. o. b. cars, Pencoyd.’ We expect deliveries to commence about July 1, 1895, and to extend to March, 1896. It is understood…
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