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LUSCOMBE ENGINEERING CO. v. ROLLE CASTING CO.

70 Pa. D. & C. 518 (1950)

Luscombe Engineering Company, Inc., v. Rolle Casting Company, Inc.

Common Pleas Court of Montgomery County, Pennsylvania.

January 11, 1950.

Attorney(s) appearing for the Case

High, Swartz, Flynn & Roberts, for plaintiff.

Smillie, Bean & Scirica, for defendant.

DANNEHOWER, J., January 11, 1950.

This case comes before the court on preliminary objections to a complaint in assumpsit brought for damages suffered by reason of defendant's failure to deliver goods ordered by plaintiff under a written contract.

On September 23, 1946, plaintiff ordered from defendant 1,000 cast aluminum horses' heads to be used in the manufacture of toys. On the purchase order the price was...

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