Neill v. Hunter

Citations

• 44 Pa. Super. 407
• 1910 Pa. Super. LEXIS 186

Syllabus

<p>Contract — Sale—Evidence—Question for jury.</p> <p>In an action to recover the price of lumber sold and delivered where there is evidence that the defendant ordered a car load of lumber from a third person whom he thought was in business for himself, and paid such person for the same before delivery, and subsequently such a third person ordered a car load of lumber from plaintiffs and directed it to be delivered and charged to defendant, and thereafter a car load was delivered, but the evidence is conflicting as to whether the lumber was delivered under the first order or the second, the case is for the jury. In such a case a finding by the jury that the lumber was delivered under the first order relieves the defendant from any payment to the plaintiffs.</p>