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GASTWIRTH v. P. MASHBITZ & SONS, INC.

414 Pa. 445 (1964)

Gastwirth v. P. Mashbitz & Sons, Inc., Appellant.

Supreme Court of Pennsylvania.

May 11, 1964.

Attorney(s) appearing for the Case

James L. Price, with him Steinberg, Richman, Price & Steinbrook, for appellant.

Peter C. Paul, with him George M. Brodhead, and Rawle & Henderson, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE O'BRIEN, May 11, 1964:

Gastwirth Bros. delivered to the defendant-appellant, P. Mashbitz & Sons, Inc., cartons containing children's coats with a wholesale value of $10,687.50. The defendant-appellant is a common carrier authorized to make local deliveries in the Philadelphia County area and to deliver to other carriers for transport to other parts of the Commonwealth and elsewhere. At some point prior to delivery at the intended destinations...

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