Blair v. Ford China Co.

Citations

• 26 Pa. Super. 374
• 1904 Pa. Super. LEXIS 322

Syllabus

<p>Practice, C. P. — •Rules of court — Admissions—Affidavit of defense.</p> <p>Courts have power to enact rules that items of account and averments in statements of claim not denied by an affidavit of defense, shall betaken as admitted.</p> <p>Where the affidavit of defense denies certain items of the statement, it is error to permit such items of the statement to be read to the jury together with the other items not denied.</p> <p>Sale — Contract—Evidence—Quality of goods.</p> <p>' In an action to recover the price of decalcomanias, the defendant claimed that the goods were defective and that the defect could not be discovered until after the decalcomania had been applied to the china and actually burnt in the kilns. The defendant introduced testimony as to the manner in which the application had been made, and the china subsequently burnt, and undertook to show that this had been skillfully done at defendant’s factory. Held, that it was competent for the plaintiff to show in rebuttal that the very same goods when skillfully handled at another factory, produced satisfactory results, inasmuch as such evidence directly tended to establish that the fault was not in the goods, but in the manner in which the defendant treated them.</p> <p>Sale — Contract—Refusal to receive goods — Measure of damages.</p> <p>The measure of damages for a refusal to receive goods, which a defendant had contracted for, is the difference between the price agreed upon and the market value at the time appointed for delivery. If the goods were made specially for the defendant, and had no value whatever in the general market, the plaintiffs can prove those facts. Those are facts which the plaintiffs must prove. When there is a conflict of testimony as to the controlling facts which must determine whether goods are made for a particular person and to answer only a specific contract, or are merely general merchandise in the market, the disputed facts,.if they are to have any bearing upon the measu