Washington Tin Plate Co. v. Ohio Iron & Metal Co.

Citations

• 77 Pa. Super. 215
• 1921 Pa. Super. LEXIS 240

Syllabus

<p>Contracts — Written contracts — Agreement for output of factory —Change of agreement — Fulfillment of contract — Case for jury.</p> <p>In an action of assumpsit to recover the price of certain quantities of tin scrap ends, shipped in accordance with the terms of a written contract, the case is for the jury and a verdict for the plaintiff will be sustained, where evidence is produced to prove the substantial alteration of the terms of the contract and the fulfillment thereof, in accordance with the altered terms. In such case, the conflicting testimony relative to the amount of scrap ends included in the contract necessarily raised a question of fact which had to be submitted to the jury, and a judgment for the plaintiff will be affirmed.</p>