Swift & Co. v. Hafleigh & Co.

Citations

• 66 Pa. Super. 504
• 1917 Pa. Super. LEXIS 305

Syllabus

<p>Contract — Agreement to tahe entire production — Estimate—Construction of contract — Affidavit of defense — Words and phrases.</p> <p>Where a person agrees to purchase from a meat packing company its. “entire 1914 production rejected manufacturing bones ......production estimated to be 15 to 20 tons per month,” and the purchaser accepts and pays for 220 tons during eleven months of' the year, he cannot refuse to accept 65 tons shipped to him in the last month. The word “estimated” does not fix a maximum of 20 tons per month.</p> <p>In an action to recover the loss on goods which a purchaser refused to take, a positive averment of sale in the open market in the plaintiff’s statement of claim is not denied by an averment that the defendant did not know the market price. In such a case if the plaintiff did not sell in the most advantageous market, such fact should he averred in the affidavit of defense.</p>