JAGGER BROS., INC. v. TECH. TEX. CO.


202 Pa.Super. 639 (1964)

Jagger Brothers, Inc. v. Technical Textile Co., Appellant.

Superior Court of Pennsylvania.

March 17, 1964.


Attorney(s) appearing for the Case

David H. Kubert, with him Henry I. Jacobson, for appellant.

Joseph L. McGlynn, Jr., with him Blank, Rudenko, Klaus & Rome, for appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.


OPINION BY MONTGOMERY, J., March 17, 1964:

This appeal concerns the measure of damages in an action of assumpsit based on a written contract under which appellant agreed to purchase, at $2.15 per pound, 20,000 pounds of yarn to be manufactured by appellee. Appellee manufactured 3,723 pounds of the yarn and delivered it to appellant, who accepted and paid for it. The remaining 16,277 pounds were never manufactured because appellant advised appellee by letter, dated...

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