Whitaker v. Alexander Lumber Co.

Citations

• 3 Pa. Super. 325
• 1897 Pa. Super. LEXIS 18

Syllabus

<p>Contract — Quality of goods sold — Question for jury.</p> <p>Where the issue was whether goods delivered were of the quality ordered, the question is necessarily one for the jury, the testimony being conflicting.</p> <p>Contract — Substantial performance — Charge of the court.</p> <p>The question turning on the performance of a contract the jury were properly instructed by the trial judge as follows: “ If it was substantially performed, if it was performed so that the proportionate extent of failure was comparatively small, and did not constitute the bulk of the entire quantity, then the plaintiff would be entitled to recover for whatever he did deliver that was in accordance with the contract, and the defendant would be entitled to have credit for whatever portion was deficient.”</p>