Charles E. Hires Co. v. Stromeyer

Citations

• 65 Pa. Super. 241
• 1916 Pa. Super. LEXIS 54

Syllabus

<p>Contracts — Sales—Delivery—Passing of title — Price f. o. h.</p> <p>Where a contract in writing for the purchase of sugar provides that the sugar is to be shipped to purchaser’s siding in Philadelphia at a price named f. o. b. Hew York, and that payment was to be made upon the arrival of the sugar and the cheeking of weights at the siding, the title does not pass until delivery in Philadelphia; and if the sugar delivered is not according to the contract the purchaser does his full duty, if he is not able to obtain the same sugar in Philadelphia, by buying the best substitute there which will answer the same purpose.</p> <p>A purchaser of sugar is entitled to recover damages for a breach of contract to deliver a large quantity of clean and merchantable sugar where he is obliged to use six per cent, of the sugar before he can ascertain its real condition.</p>