Stimpson Computing Scale Co. v. George Schetrompf & Sons

Citations

• 13 Pa. Super. 377
• 1900 Pa. Super. LEXIS 163

Syllabus

<p>•Contract — Bailment—Delivery—Damages—Action.</p> <p>Where a contract to which is superadded an executory agreement of ■sale.ds between the parties unquestionably a bailment, the bailor cannot ■recover the value of the article in question when the affidavit of defense •sets-up that the defendant countermanded the alleged order, because of fraudulent representations before shipment, and never received the article contracted for. The most that could be recovered wquld be damages suffered’bv reason of breach of a covenant which provided that the order should not be countermanded, and even such recovery is doubtful under the statement filed which set up a sale as the cause of action.</p>