Whitehall Mfg. Co. v. Wise Brothers

Citations

• 119 Pa. 484
• 13 A. 298
• 1888 Pa. LEXIS 570

Syllabus

<p>1. Defendant ordered a car-load of No. 3 siding. In a suit for the price of a car-load of siding delivered, after evidence from the plaintiff distinguishing grades No. 3 and No. 4 by the white sap and sound knots of No. 3 and the shake knots and black sap of No. 4, it was not error to admit evidence from the defendant descriptive of the inferior quality of the siding delivered, in respect of its black sap and shake knots, making it unsalable as No. 3 siding, and to submit to the jury to find whether it was of the kind or grade No. 3 ordered.</p> <p>2. Under the circumstances of this case, it was not error to refuse permission to send out with the jury a statement of the plaintiff’s claim and 4o allow to go with them pieces of siding admitted in evidence.</p>