American Bridge Co. v. Duquesne Steel Foundry Co.

Citations

• 28 Pa. Super. 479
• 1905 Pa. Super. LEXIS 228

Syllabus

<p>Contract — Sale—Place of delivery.</p> <p>A bridge company addressed a foundry company as follows: “Please quote us best price f. o. b. East Berlin, for the following material, stating how soon the same could be delivered.” On the following day this answer was sent: “We would be pleased to quote you the castings required for the bridge at New London at 3-f cents f. o. b. our works.” The bridge company accepted as follows: “Please deliver to us at Berlin plant, East Berlin (subject to the inspecting of a testing company named) .... to be furnished at price of 3f cents per lb. f. o. b. your works, the above casting to be furnished in the rough; all necessary machine work to be done at the plant.” Inspection was made by the testing company, first at the foundry and afterwards by the same company at the bridge company’s plant. Some of the castings were rejected after the second inspection and returned to the foundry. The president of the foundry company on being informed of the defects wrote to the bridge company directing the return of the eastings rejected. The decision of the testing company was to be conclusive. Held, (1) that delivery was contemplated at East Berlin; (2) that the inspection at East Berlin was conclusive; and (3) the castings were properly returned and their price could not be recovered by the foundry company.</p>