Burke Electric Co. v. Pennsylvania Light & Power Co.

Citations

• 61 Pa. Super. 374
• 1915 Pa. Super. LEXIS 335

Syllabus

<p>Contract — Sale—Parties—Corporation-^Case for jury.</p> <p>In an action against a corporation for machinery sold and delivered, where the defendant alleges that the machinery was ordered by another corporation from which the defendant had bought it, the case is for the jury, where the evidence tends to show that, although no express contract was proven, the machinery was consigned to the defendant, and received by it, that, at the time, the two corporations had joint offices, that the same persons acted as officers for both companies, that the sign on the office indicated that it was solely the office of the defendant, that the existence of the other company was not known to the plaintiff at the time, that the defendant did not notify the plaintiff of any mistake, and that there had been other transactions between the plaintiff and defendant both prior to and subsequent to the delivery of the machinery in question.</p> <p>Evidence — Boohs of account — Boohs of common carriers.</p> <p>In an action between individuals for goods sold and delivered, the books of a common carrier may be received in evidence if they are verified on the stand by a superior officer of the carrier company, who knew them to be the books of regular entries kept in the course of business.</p>