Otto R. Brenner, Ltd. v. Loeb-Nunez Tobacco Co.

Citations

• 263 Pa. 417
• 106 A. 791
• 1919 Pa. LEXIS 444

Syllabus

<p>Practice, Supreme Court — Assignments of error.</p> <p>1. Assignments of error not in accordance with the rules of the court are not to be considered.</p> <p>Contract — Sale—Sample — Expert evidence — Measure of damages — Option.</p> <p>2. Where an article is- sold by sample, an expert may properly testify to the market value of the sample, without showing that he knew its age.</p> <p>3. If the sample shown at the time of the making of a contract was of an article in perfect condition, the market value of such an article in perfect condition may be shown by expert evidence in order to measure the damages for a breach of the contract.</p> <p>4. In such case the difference between the contract price and the market price of an article, of the quality shown by the sample, is the measure of damages for a failure to deliver.</p> <p>5. A seller cannot escape liability by a partial performance of his contract, with notice, at the time of such partial performance, that be will not fully comply therewith.</p> <p>6. Where a contract provides that an article is to be delivered with an “option of seven more ten days after arrival” the option is the vendee’s and not the vendor’s, and the latter cannot refuse to deliver the additional articles because at the time he delivered the first one he gave notice that he would not deliver any more.</p>