Lesh Lumber Co. v. Aberdeen Lumber Co.

Citations

• 75 Pa. Super. 13
• 1920 Pa. Super. LEXIS 209

Syllabus

<p>Contracts — Executory contracts — Construction.</p> <p>Where a contract of sale provided that twenty-five ears of lumber should be shipped by December 1, 1917, and only one car was shipped before that date and but two cars were shipped thereafter, the ease is for the jury to determine whether or not the failure of the vendee to pay for the cars which were delivered constituted such rescission of the contract as excused the vendor from further delivery.</p> <p>Where evidence was submitted in the form of letters that the vendee had extended the time of performance, the submission of such evidence to the jury did not prejudice the defendant’s case, when the result reached by the jury was the same which the trial judge must have directed.</p> <p>Where there is a dispute as to the credit to be allowed for defective material, and evidence is submitted on the part of the plaintiff in support of its allegations, and no evidence is submitted on the part of the defendant to support the allegations made in the affidavit of defense, the question is for the jury and a verdict for the plaintiff will be sustained.</p>