Class v. Kingsley

• Decision Date: 27 May 1891
• Docket Number: 208
• Parties: CHARLES CLASS v. E. F. KINGSLEY ET AL
• Court: Pennsylvania Supreme Court

21 A. 902

142 Pa. 636

CHARLES CLASS v. E. F. KINGSLEY ET AL

No. 208

Supreme Court of Pennsylvania

May 27, 1891

Argued April 3, 1891

APPEAL BY E. F. KINGSLEY FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY.

No. 208 January Term 1891, Sup. Ct.; court below, number and term not shown.

On August 2, 1890, "Charles Class, trading as the Arctic Hygeia Ice Manufacturing Company," brought assumpsit against "Edward F. Kingsley and W.T. and E. F. Kingsley executors of the will of J. E. Kingsley, deceased, who, with Edward F. Kingsley, traded as J. E. Kingsley & Company," filing on October 30, 1890, a statement of claim to recover the sum of $323.17, for 92,335 lbs. of ice delivered by the plaintiff to the defendant firm from April 1, to May 5, 1890 a copy of the plaintiff's book of original entries being attached.

On November 17, 1890, Edward F. Kingsley filed an affidavit of defence, averring as follows:

"The plaintiffs' statement filed alleges the claim for 92,335 lbs. of ice (46.167 tons) at seven dollars per ton. This deponent says, to wit: That one Harry B. Crowell, in the early part of the present year, to wit, the month of March was engaged in business with the said plaintiffs, under the firm name of Crowell & Class, and at said last-named time said Crowell made a specific contract with defendants to deliver to them ice at the Continental Hotel until the return of the said J. E. Kingsley to Philadelphia from California, at the price of four dollars per ton. That, on or about May 5, 1890, the plaintiff notified defendants, that, unless they contracted with him for ice for the season at seven dollars per ton, he, the said plaintiff, would discontinue serving ice to said defendant from that date. And to this deponent says, that at the said last-named time he notified plaintiffs that four dollars per ton was the price agreed upon between them, that four dollars per ton was all that he would pay, and that he need not serve them with any more ice except at four dollars per ton. That the said defendants are ready and willing to pay the sum of four dollars per ton for the ice delivered, being the full contract price agreed upon between them. All of which this deponent expects to be able to prove upon the trial of the above case."

On December 18, 1890, said Edward F. Kingsley filed a supplementary affidavit of defence averring:

"The plaintiffs' statement filed alleges the claim for 92,335 pounds of ice (46.167 tons) sold and delivered at seven dollars per ton. This deponent denies that defendants agreed to pay plaintiffs the sum of seven dollars per ton for the said ice; on the contrary, this deponent says that one Harry B. Crowell, on or about the fifteenth day of March, 1890, was engaged in business with the said plaintiff under the firm name of Crowell & Class, and at said last-named time the said Crowell called at the Continental Hotel, the then and now place of business of the said defendants, and then and there endeavored to secure from defendants a contract to purchase ice for a term of years at a reduced price; the defendants declined then to enter into any contract for the delivery to them of ice for a term of years; and the said Crowell was then informed that J. E. Kingsley, one of said defendants was going to California, to be absent about two months, and would make no long contracts before his return to Philadelphia; the said Crowell then made a verbal agreement as follows: He said that they, the plaintiffs, would deliver to defendants ice at the Continental Hotel, until the return of the said J. E. Kingsley to Philadelphia from California, at four dollars per ton. The said J. E. Kingsley returned, as aforesaid, to Philadelphia on or about the tenth day of May, 1890.

"That on or about the fifth day of May, 1890, the plaintiffs sent to defendants a letter, a copy of which is as follows:

"'PHILADELPHIA, May 5, 1890.

"'MESSRS. J. E. KINGSLEY & SON, Philadelphia:

"'Gentlemen:

"'Unless you agree to contract with us for the season at seven dollars ($7.00) per ton, we have concluded to discontinue serving you with ice from this date. Please give bearer answer. If not in when he calls, please send word by telephone before six o'clock.

Yours truly,

"'ARCTIC HYGEIA ICE MFG. Co.,

"'CHAS. CLASS.'

"And this deponent says that, in reply to said letter, he notified plaintiff over the telephone that four dollars per ton was the price agreed...