Birdsong v. Coroneos

Citations

• 78 Pa. Super. 400
• 1922 Pa. Super. LEXIS 127

Syllabus

<p>Sales — Mistake—Error in billing — Recovery for correct amount —Goods sold by defendant — Goods in possession of defendant.</p> <p>In an action of assumpsit to recover a balance alleged to be due on account of the sale of a large quantity of currants, sold by weight, it was claimed that an error had been made in the original billing, so that less than the proper number of pounds had been charged. The trial court properly held that there could be no recovery as to such part of the currants as had been sold and delivered by the defendants to third parties, without discovering the discrepancy, and before receipt of notice thereof.</p> <p>The plaintiffs, however, were entitled to recover the difference between the amount paid and that which should have been paid for whatever part of the shipment which remained in the hands of the defendants, when the plaintiffs informed them of the fact of the mistake.</p>