Gilbert v. Ayoob

Citations

• 71 Pa. Super. 336
• 1919 Pa. Super. LEXIS 105

Syllabus

<p>Contracts — Sales—Denial of agency — Question for jury.</p> <p>In an action of assumpsit, on a contract for the sale of five car loads of melons* made through the agency of a commission broker, the question of such agency is for the jury, where the plaintiff alleges that the broker was acting for the defendant, and the defendant denies the .agency.</p> <p>Contracts — Sales—Proof of trade customs — Evidence.</p> <p>When a trade term is used in any contract, the meaning of that term, in the absence of an agreement to the contrary, is to be taken as that generally recognized in the business, and when a party undertakes to prove such custom he is not conclusively bound by the testimony of the first witness whom he may call. He may not ordinarily impeach the credibility of his witness without showing that he has been misled, but it is competent for him to call other witnesses having experience although their statements of the custom may vary.</p> <p>Shipments — Delivery—Passing of title.</p> <p>Where a consignment of melons is shipped by a consignor, billed to his own order, and no evidence is produced to show vendee’s title, except that he was notified of the arrival of the shipment, the title to the melons must be considered to remain in the consignor.</p>