55 Pa. Super. 346 | Pa. Super. Ct. | 1913
Opinion by
The appellants’ discussion of the case proceeds on the theory not only that the consignment of merchandise was made to the defendants as commission merchants but that the plaintiff had -knowledge of the relation of the former to the transaction. It is then argued that the consigness were not liable for the freight bill and that if by mistake a smaller sum was charged for the transportation than was fixed by the published schedule no principle of law or equity subjects the defendants to liability for the unpaid balance. It is further contended that when the defendants paid all the plaintiff demanded and the latter released the goods the transaction was closed so far as the defendants are concerned and that in any view of the case when the plaintiff induced the defendants to believe that the amount demanded was the whole charge and the defendants relying on that representation paid the amount claimed and settled with the consignor an estoppel arises against the plaintiff which forbids the recovery of the amount sued for. The defect in the reasoning on this branch of the case is that it is not averred in the affidavit of defense that the plaintiff knew that this shipment of merchandise was to the defendants as commission merchants on account of the consignor. It is alleged in the fifth paragraph of the affidavit that the defendants at the
Judgment affirmed.