Brown v. Finney
Supreme Court of Pennsylvania
Error to the .Court of Common Pleas of Allegheny county: Of October and November Term 1870, No. 168. This was an action of assumpsit to December Term 1864, by Robert Finney against William H. Brown. The plaintiff declared that the defendant had bargained and sold to him 100,000 bushels of coal, to be delivered to him at Cincinnati forthwith, at 16 cents per bushel, &c., and that he did not deliver, &c.
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Error to the .Court of Common Pleas of Allegheny county: Of October and November Term 1870, No. 168. This was an action of assumpsit to December Term 1864, by Robert Finney against William H. Brown. The plaintiff declared that the defendant had bargained and sold to him 100,000 bushels of coal, to be delivered to him at Cincinnati forthwith, at 16 cents per bushel, &c., and that he did not deliver, &c. The case had been once tried, and the judgment was reversed by the Supreme Court (8 P. F. Smith 378). It was again tried April 20th 1870, before Collier, J. The plaintiff testified that lie…
1Opinion of the Court
The opinion of the court was delivered,
by Williams, J.
All the assignments of error in this case relate to the rejection or admission of evidence. The controversy between the parties in the court below was whether the defendant had agreed to sell and deliver to the plaintiff at Cincinnati 100,000 bushels of coal, at 16 cents per bushel, payable on delivery. Both parties were examined as witnesses in relation to the alleged contract; and, after the defendant had given a full and detailed statement of all the facts and circumstances touching the transaction, he was asked by his counsel whether…
2Cited by3 opinions
- Commonwealth v. BellSupreme Court of Pennsylvania · 1895
- Shade v. LlewellynSupreme Court of Pennsylvania · 1915
- Woy v. McCannSuperior Court of Pennsylvania · 1911