S. Long & Son v. Regen

Citations

• 119 Pa. 403
• 13 A. 442
• 1888 Pa. LEXIS 560

Syllabus

<p>The plaintiff sold to the defendants a quantity of .ochre, to be prepared for market and delivered at the railway station at a certain price per ton. By a modification of the contract the defendants assumed to prepare and deliver the ochre at.the station, but after removal a dispute followed as to the terms of the contract as modified, whether the plaintiff was to be charged the actual cost of preparation and delivery, or a fixed rate per ton to be deducted from the contract price.</p> <p>The question being one of fact for the jury, under the evidence, and there being evidence that in the preparation of the ochre for market by the defendants they had so treated it that it was impossible to arrive at the weight of the ochre in the .condition at the time of sale: Held,</p> <p>That it was not error to admit the testimony of a .teamster employed and his receipts for payments made by the plaintiff for hauling the same body of ochre before the sale of it, as evidence tending to show the quantity sold.</p>