229 Pa. 403 | Pa. | 1911
Opinion by
This case called for binding instructions. The contract between buyer and seller was in writing, and so definite and explicit in its terms that it gave rise to no controversy whatever. It was not attempted to be shown that it had ever been rescinded or modified. G. A. Dentzel, whose legal representative is the plaintiff in the action; was the seller, and the Island Park Association, one of the defendants, was the buyer. The contract provided that the former for the sum of $5,500 was to manufacture for the latter a carrousel, with organ, motor and attachments. The price was to be paid in installments; $250 on the signing of the agreement; $2,500 on the erection of the machine in the park; $900 in sixty days thereafter, and $950 in ninety days- thereafter, notes to be given for the last three payments. The contract provided, among other things, that the seller was to “deliver the complete carrousel f. o. b. cars, Philadelphia, and send one man to erect and place in order;” the party of the-second part agreeing “to pay freight charges.” It is a general rule, not to be questioned, that when the contract in a sale of personal property calls for delivery f. o. b. at some particular place, and the seller there delivers the article in
We now reverse the judgment on the verdict, and enter judgment for the defendant.