Eastern Forge Co. v. Baizley

Citations

• 21 Pa. Super. 504
• 1902 Pa. Super. LEXIS 395

Syllabus

<p>Contract — Sale—Partial performance — Set-off.</p> <p>In an action for iron sold and delivered where it appears from the statement and affidavit of defense that the plaintiffs had contracted to deliver promptly 80,000 pounds of iron for a particular purpose known to plaintiff, and had only delivered 40,000, and had wholly failed to deliver the balance, and that the defendant had been obliged to go into the market and buy other iron at an increased price to complete his own contract, the defendant is entitled to have the case go to a jury to determine whether plaintiffs had substantially performed their contract, and if not to what amount defendant was entitled as set-off!</p>