Connor v. Stewart
Superior Court of Pennsylvania
Appeal, No. 259, Oct. T., 1912, by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1911, No. 385, for defendants n. o. v. in case of J. B. Connor v. William C. Stewart and A. James Stewart, Copartners, trading as Stewart Brothers. Assumpsit for building materials. Before Carr, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 259, Oct. T., 1912, by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1911, No. 385, for defendants n. o. v. in case of J. B. Connor v. William C. Stewart and A. James Stewart, Copartners, trading as Stewart Brothers. Assumpsit for building materials. Before Carr, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $272.08. Subsequently the court entered judgment for defendants n. o. v. Error assigned was in entering judgment for defendants n. o. v. cited: Gable v. Graybill, 1 Pa. Superior Ct. 29; Hall v. Lincoln Savings & Trust…
1Opinion of the Court
Opinion by
Orlady, J.,
The defendants are contractors and were engaged in building two manufacturing establishments. They sublet certain portions of work to other contractors, among which were the Wendell Paving Company, for “the footings under the brick work, to make a solid founda*383tion to hold the brick up, the cellar floors, and the first floor of the building.” The plaintiff is a dealer in supplies, and furnished material to this subcontractor for use in these buildings.
It appears that soon after the work was started, the Wendell Paving Company was in doubtful credit with the plaintiff, and…
2Cases cited4 opinions
- Haverly v. MercurSupreme Court of Pennsylvania · 1875
- Maule v. BucknellSupreme Court of Pennsylvania · 1865
- Gable v. GraybillSuperior Court of Pennsylvania · 1895
- Stouffer v. JacksonSuperior Court of Pennsylvania · 1910
3Cited by1 opinion
- Shannon v. American Iron & Steel Mfg. Co.Superior Court of Pennsylvania · 1917