Morley Auto Co. v. Pittsburg Machine Tool Co.

Citations

• 54 Pa. Super. 223
• 1913 Pa. Super. LEXIS 46

Syllabus

<p>Contract — Sale—Delay in delivery — Cancellation—Written and oral evidence — Case for jury.</p> <p>In an action to recover hand money paid on account of the purchase price of an automobile truck which was to have been delivered by the defendant to the plaintiff at the end of four weeks from the time the order was given, the case is for the jury, where it appears from the oral and written evidence that the truck was not delivered at the expiration of the four weeks; that thereafter the plaintiff made a number of demands for delivery, and finally wrote that if the truck was not delivered at the end of eight days the order would be canceled; and that one month after this letter was written the contract was canceled in writing on the ground that plaintiff’s purchaser had notified him that he would not take the truck on account of the delay. In such a case where the plaintiff puts in evidence the reasons of the delay, such as strikes and other causes, the court is not bound to construe the written cancellation as though it stood alone. It is justified in referring all of the oral and written evidence to the jury.</p>