Keystone Coal & Coke Co. v. Pickands-Magee Co.

Citations

• 39 Pa. Super. 500
• 1909 Pa. Super. LEXIS 518

Syllabus

<p>Contract — Sale—Evidence.</p> <p>In an action to recover the price of coke, where the defendant sets up that the coke delivered was not the same as that represented on the sale, and there is a great conflict of evidence as to the name, grade and value of the respective kinds of coke mentioned by the witnesses, the case is for the jury to determine which kind of coke was actually delivered, and whether it was the kind contemplated by the parties to the contract.</p>