Armour v. Beaver Valley Produce Co.
Citations
- 28 Pa. Super. 524
- 1905 Pa. Super. LEXIS 237
Syllabus
<p>Sale — C ontract — Rescission.</p> <p>When a party discovers facts which warrant a rescission of his contract, it is his duty to act promptly and, in case he elects to rescind, notify the other party without delay.</p> <p>Sale — Contract—Quality—Tender.</p> <p>In an action to recover damages for breach of contract to purchase eggs, where it appears that the plaintiffs contracted to sell eggs of a specified quality determined by the time of their storage, plaintiffs cannot recover unless they show that they tendered eggs of the description called for by the contract.</p> <p>Appeals — Assignments of error — Evidence.</p> <p>The appellate court will not consider an assignment of error to the admission of testimony which fails to include the testimony admitted under the exceptions.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- while statute gives discretion to award costs, where probate judge has not awarded costs, court on appeal does not generally do so, unless appeal is unfounded or on “frivolous pretences”
Source: CourtListener parenthetical corpus (CC0).
Judges: Beaver, Henderson, Morrison, Orlady, Porter, Pouter, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.