Cohn v. Levinson

Citations

• 35 Pa. Super. 382
• 1908 Pa. Super. LEXIS 48

Syllabus

<p>Contract — Sale—Delivery to express company.</p> <p>Where a purchaser of wearing apparel directs the seller to deliver it to an express company for transportation to the purchaser’s home, and the seller complies with the direction, the purchaser cannot resist payment for the apparel on the evidence alone of the express company’s agent at the place of the purchaser’s residence, that when the package was received, the paper wrapping had been torn or destroyed in part, and the contents had become soiled and damaged. In such a case the mere fact that the package arrived in bad condition raised no presumption of failure of duty on the part of the seller.</p>