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· 1/8/1917

Pennsylvania Lubricating Co. v. Wilhelm

Citations

  • 255 Pa. 390
  • 100 A. 93
  • 1917 Pa. LEXIS 464

Syllabus

<p>Contracts — Meeting of minds — Invalid contract — Bale ~by sample.</p> <p>1. Where a sale is made in writing “subject to approval of sample drawn from bulk” and no sample is submitted by the seller to the purchaser, no contract exists between the parties.</p> <p>2. Where the minds of the parties have not met on the quality of a commodity offered for sale, no valid contract exists between them.</p> <p>8. If a contract be invalid because incomplete, it is not made valid by the neglect or refusal of one party thereto to do that which would enable the other party at his option to render it complete.</p>

Judges: Brown, Frazer, Moschzisker, Potter, Redd, Walling

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