Way v. Young, Smyth, Field Co.

Citations

• 68 Pa. Super. 604
• 1918 Pa. Super. LEXIS 148

Syllabus

<p>Contract — Breach—Conflicting evidence — Case for fury.</p> <p>Where a company organizes an expedition- to sell by sample the goods of merchants in different parts of the world, and to receive a commission on such sales, and in its contract with particular merchants, it is provided that the merchant “agrees to advance” to the company one thousand dollars “against commissions,” and one of the merchants brings a suit to recover the amount of such an advance, it is reversible error for the trial judge to give binding instructions for plaintiff, where the evidence for plaintiff that the expedition was entirely abandoned and the contract never performed is absolutely contradicted by defendant, and where the evidence of the defendant that the plaintiff, had absolutely refused and neglected to furnish samples, although requested, is contradicted by the plaintiff. Such a case is for the jury.</p>