Watsontown Brick & Clay Products Co. v. Bernard

Citations

• 48 Pa. Super. 542
• 1912 Pa. Super. LEXIS 408

Syllabus

<p>Contract — Specifications—Statement of claim — Pleadings—Assignment.</p> <p>1. In an action for a large quantity of brick sold and delivered, the statement of claim averred that the brick were intended for the use of the United States government, and that they had been consigned to a government navy yard by order of the defendants, and that the government had paid the defendants for them. A written order for the brick signed by the defendant was attached to the statement of claim. The order after specifying the number of brick and the price continued as follows: “Same as samples submitted by you.” Further along in the order were these words: “Copy of these specifications herewith attached and which your blocks stood.” There was no other reference to the specifications. Held, (1) that the order made the “samples” the standard for the goods to be delivered under the contract; and (2) that it was unnecessary to attach to the statement of claim, a copy of the specifications, inasmuch as they were not used in connection with the goods ordered.</p> <p>2. In such an action where a corporation is the plaintiff, if the defendants aver in their affidavit of defense that the defendants had assigned the contract with the government to the plaintiff, and that this assignment had been accepted by the plaintiff, the defendants are bound to disclose in their affidavit the party or parties who had been authorized to represent the plaintiff corporation in the negotiation relating to the alleged assignment.</p> <p>3. A letter attached to the affidavit of defense disclosing nothing more than the acceptance of the order for the bricks, and an undertaking to deliver them to the government, will not be construed as an assignment to the plaintiff of the contract with the government.</p>