W. G. Ward Lumber Co. v. American Lumber & Manufacturing Co.
Superior Court of Pennsylvania
W. G. Ward Lumber Co. v. American Lumber & Manufacturing Co., 55 Pa. Super. 147 (1913)
1913 Pa. Super. LEXIS 332
Head, Henderson, Morrison, Orlady, Porter, Rice
W. G. Ward Lumber Co. v. American Lumber & Manufacturing Co.
Opinion of the Court
Opinion by
While some of the assignments of error present questions that are not entirely free from doubt, we are not
In the opinion filed by the learned trial judge, Foed, J., refusing to grant a new trial and to enter judgment n. o. v. the questions involved in this appeal are fully reviewed and rightly decided. The disputed facts in the case were clearly and adequately submitted to the jury, and the verdict was warranted by the evidence adduced in the trial.
The judgment is affirmed.
Reference
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- W. G. Ward Lumber Company v. American Lumber & Manufacturing Company
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- Syllabus
- Contracts — Lex loci — Jurisdiction—Construction of contract — Fraud— Conflict of laws. 1. Where a person in Pennsylvania writes to a lumber dealer in Ohio requesting quotations on shipments of lumber f. o. b. at a point in Canada, and the Ohio dealer sends such quotations, and subsequently the Pennsylvania dealer requests a car of lumber shipped f. o. b. to Montreal, freight to be deducted by the consignee in Montreal from the price quoted, and the Ohio dealer ships the lumber to Montreal on the terms quoted, the contract is to be construed as one made under the laws of Ohio, and not under the laws of Pennsylvania. 2. Under the laws of Ohio where a purchaser obtains goods fraudulently and transfers them to another in payment of a pre-existing debt, and the transferee refuses to return the goods to the owner after notice of the fraud, although they are still in his possession or under his control, the transferee will be liable to the owner of the goods in an action of trover and conversion for their value.