Huntingdon Malleable Iron Co. v. Bills

Citations

• 21 Pa. Super. 556
• 1902 Pa. Super. LEXIS 409

Syllabus

<p>Contract — Sale—Set-off—Profits— Proof of deliveries.</p> <p>In an action to recover for goods sold and delivered where the defendant claims a set-off for loss occasioned by failure to deliver some of the goods ordered, the defendant cannot show loss of profits on future deliveries, where it appears that b\\' the expenditure of a small sum he could have placed himselE in a position to procure the goods from parties other than the plaintiff.</p> <p>Contract— Settlement — Note— Compromise.</p> <p>In an action on a promissory note where it appears that the plaintiff, a foundryman, had refused to return certain patterns until his account was settled, and only returned them when the defendant sent the note in controversy with a letter, stating that the note was for balance due, and was sent to be “ conciliatory,” binding instructions for plaintiff were proper.</p>