Solof v. Arcady Farms Milling Co.
Solof v. Arcady Farms Milling Co.
Opinion of the Court
A judgment was rendered for the plaintiff in this case in the Common Pleas Court of Cumberland county and defendant appeals, assigning three grounds for reversal.
The action was to recover damages for breach of a contract to deliver one hundred tons of cracked corn. The contract called for delivery during the months of January, February and March of 1924, and during these months forty-seven tons were delivered. There was evidence, however, that the contract was extended without definite date. On July 1st, 1924, .the plaintiff ordered the remaining fifty-three tons shipped, and this the defendant refused to do, claiming that the contract was at an end, and this was the issue tried.
One of the grounds of appeal is that the court erred in refusing to grant defendant’s motion for direction of a verdict in its favor. Under the evidence this could not have
The remaining grounds that a letter written in October of-1934 was irrelevant in that it was not proved that it referred to the contract in question, and that Hunsicker’s conversation with the plaintiff was incompetent, are not well founded. The letter referred to plaintiff’s corn contract and the plaintiff testified that the present was the only contract involved; besides, the letter itself bears internal evidence of the truth of this statement. What we have said concerning Hunsieker’s authority disposes of the last ground.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.