Geo. K. Hubbard & Co. v. Tenbrook & Bro

Citations

• 124 Pa. 291
• 16 A. 817
• 1889 Pa. LEXIS 1033

Syllabus

<p>1. Where one is put forward to conduct a separate business in his own name, but with the property and as the agent of an undisclosed principal, the latter may not escapo liability for goods sold to the agent in the course of the business, by a limitation upon the agent’s authority to purchase.</p> <p>2. If, in an action for goods sold, the statement of claim be defective in that it does not contain an averment of delivery, the defect will he cured by a hill of particulars averred to he a copy of the plaintiff’s books of original entry, which import a delivery: the procedure act of May 25, 1887, P. L. 271, criticised.</p>