Furey v. Justice, Bateman & Co.

Citations

• 248 Pa. 171
• 93 A. 958
• 1915 Pa. LEXIS 537

Syllabus

<p>G ontracts — Sales—Guaranty—Evidence — Insufficiency — Eon-suit.</p> <p>Where in an action to recover damages for breach of an alleged guaranty to sell certain wool on or before May 1st, at 31 cents a pound, it appeared that plaintiff had dealt with defendants’ agent and that whatever proposals the latter made were not accepted by plaintiff, that plaintiff subsequently delivered the wool to defendants for sale without condition and that on receipt of the bill of lading, defendants stated that they would sell the wool on commission, but did not guarantee to sell before May 1st, as alleged; and where it appeared that before bringing the suit plaintiff never took the position that defendants had contracted to sell wool for him at any fixed price there was no sufficient evidence of the contract relied upon and a nonsuit was properly entered.</p>