Fruit Dispatch Co. v. Magee

Citations

• 60 Pa. Super. 259
• 1915 Pa. Super. LEXIS 179

Syllabus

<p>• Contract — Sale—Breach—Evidence—Principal and agent — Corporation.</p> <p>In a suit where a corporation is sought to be held liable in damages for breach of a contract to deliver a carload of bananas the claimant testified thát he made an oral contract with the company’s agent for the sale and delivery of the bananas. The company offered evidence tending to show that the order had not been accepted by the company. The course of dealing between the parties indicated that for many years purchases had been made orally from the agent, and had not been repudiated by the company. The contract provided that the shipment should be made on a particular day. The excuse given for not making the shipment, was impossible weather conditions. Held, that the case was for the jury. ■</p> <p>Where authority is to be implied from acts of the agent and evidence appears that a course of dealing had been established which has been recognized by the principal, the question of authority and scope thereof is for the jury.</p>