Holt v. Pie

Citations

• 120 Pa. 425
• 14 A. 389
• 1888 Pa. LEXIS 498

Syllabus

<p>Suit was brought for the value of lumber sold and delivered at fixed prices for special kinds on the ears, under an order given and accepted by letter, the order purporting to be in confirmation of a prior verbal contract between the parties : Held,</p> <p>1. That the verified copy of an account from the books of a lumber company for lumber sold to plaintiff and consigned to defendant, was inadmissible as an instrument of evidence against defendant, though it might serve as a memorandum to aid the recollection of those who loaded or shipped the lumber.</p> <p>2. That the order and acceptance, so far as expressing the terms of the agreement, constituted the contract between the parties, but parol evidence was admissible to prove the actual contract in confirmation of which tlie letters were written, that the jury should understand what it was as to the terms which were unexpressed.</p> <p>3. That the order being silent upon the subject of inspection but calling for “ good sound hemlock,” at a fixed price on the cars, to be “ shipped when directed,” it clearly contemplated a shipment to such placo and at such time as the defendant should direct;</p> <p>4. Wherefore, the defendant was not under obligation to accept any lumber of other quality than that called for, and it was error to instruct that the order and acceptance provided for an inspection at the point of shipment.</p>