Skyland Hosiery Co. v. Hughes

Citations

• 56 Pa. Super. 39
• 1914 Pa. Super. LEXIS 36

Syllabus

<p>Contract — Cancellation—Evidence.</p> <p>In an action of assumpsit where it appears that defendants had agreed to sell yarn in certain consignments to plaintiff, and that subsequently the defendants had turned the contract over to a third party who had agreed to make the deliveries at an excess price, and that defendants had assumed liability for the excess to the plaintiff, the defendants cannot set up in a suit for such excess, an alleged cancellation of the contract by themselves and the third party, where it appears that the third party had delivered all the yarn and received the pay therefor, although at one time through a'misunderstanding of certain facts the third party had notified the plaintiff of the cancellation of the contract, but had subsequently resumed and completed the shipments.</p>