Rotograph Co. v. Cressman

Citations

• 41 Pa. Super. 14
• 1909 Pa. Super. LEXIS 3

Syllabus

<p>Appeals — Question raised for first time — Contract—Set-off.</p> <p>On an appeal from a judgment in an action for goods sold and delivered, the appellant cannot in the appellate court raise for the first time, the question whether the contract was an entire one or not.</p> <p>Contract — Sale—Damages.</p> <p>Where the vendor of postal cards contracts to deliver his entire stock of a particular kind of cards, but delivers only part thereof, the vendee in an action against him for the cards delivered, cannot set off a claim for the damages for the profits not made on those not delivered, where there is no proof of the quantity of cards which could have been sold, or the terms upon which they could have been sold, and it appears that even a larger quantity were obtained in the market, and that these sufficed for the demand.</p>