Blakeslee Manufacturing Co. v. Hilton

Citations

• 5 Pa. Super. 184
• 1897 Pa. Super. LEXIS 213

Syllabus

<p>Gontract — Time of delivery — Warranty.</p> <p>A statement that goods purchased “ could be delivered promptly” does not constitute an express warranty as to time of delivery; the contract only requires delivery in a reasonable time.</p> <p>Sale — Delay in delivery — Measure of damages.</p> <p>In the present case a failure in delivery would impose a duty on the vendee to replace the order elsewhere. A vendee, under such circumstances, may not accept the article after long delay and set off the damages caused by such delay.</p> <p>Foreign corporation — Interstate commerce.</p> <p>He who buys and keeps valuable property and seeks to pay therefor by alleging the violation of a statute on the part of the vendor, ought to set forth his defense with certainty.</p> <p>A foreign corporation, engaged in strictly interstate commerce, may advertise its goods, take orders, make contracts of sale respecting same and ship them to customers in this state without violating the Act of April 22, 1874, P. L. 108.</p> <p>Sale— Delivery f. o. b. — Responsibility for delay in transportation.</p> <p>Where a contract for sale of goods obliges the vendor to deliver f. o. b. at Duquoin, Illinois, the common carrier at the place of shipment becomes the vendee’s agent and is answerable for the damages, if any result, from needless delay in transporting the goods to vendee in Pennsylvania.</p> <p>Vendor and vendee — Shipment of goods — Misdirection—Shipper's responsibility.</p> <p>Goods directed to be shipped to “ Newton Station, McKean Co., Pa., via. or on B., R. & P. Ry.” were shipped marked Newtown Station, McKean Co., Pa. and went first to another place in Penna. known as Newtown and its arrival was thereby delayed. Held, That an affidavit alleging misdirection was insufficient to shift the burden of delivery from the carrier to the shipper, it not being alleged that the Newtown, where the goods first went, was in McKean Co.</p>