National Milk Sugar Co. v. Smith, Kline & French Co.

Supreme Court of Pennsylvania

National Milk Sugar Co. v. Smith, Kline & French Co.

97 A. 940, 253 Pa. 95, 1916 Pa. LEXIS 789

CourtSupreme Court of Pennsylvania

DecidedMarch 20, 1916

DocketAppeal, No. 122

StatusPublished

This text of 97 A. 940 (National Milk Sugar Co. v. Smith, Kline & French Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Milk Sugar Co. v. Smith, Kline & French Co., 97 A. 940, 253 Pa. 95, 1916 Pa. LEXIS 789 (Pa. 1916).

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Opinion

Per Curiam,

Appellant’s affidavit of defense admits its violation of the agreement of June 29, 1908, between it and the appellee. The latter had, therefore, a right to rescind, under' the twentieth clause of the agreement, and to recover from the appellant the price of goods delivered in pursuance of it. This action was brought for that purpose, and nothing is averred in the affidavit of defense which relieves the appellant from paying the sum claimed in appellee’s statement. This was the correct view of the learned court below in making absolute the rule for judgment.

Judgment affirmed.

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Per Curiam,

Appellant’s affidavit of defense admits its violation of the agreement of June 29, 1908, between it and the appellee. The latter had, therefore, a right to rescind, under' the twentieth clause of the agreement, and to recover from the appellant the price of goods delivered in pursuance of it. This action was brought for that purpose, and nothing is averred in the affidavit of defense which relieves the appellant from paying the sum claimed in appellee’s statement. This was the correct view of the learned court below in making absolute the rule for judgment.

Judgment affirmed.

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Bluebook (online)

97 A. 940, 253 Pa. 95, 1916 Pa. LEXIS 789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-milk-sugar-co-v-smith-kline-french-co-pa-1916.