Legal Opinion

Neely v. Bair

Pennsylvania Court of Common Pleas, York County

Decided October 5, 1891No. 425PublishedCited by 7 opinions

No. 425 January Term 1891, Sup. Ct.; court below, No. 56 August Term 1889, C. P. On June 18, 1890, John Neely brought assumpsit against John Bair, filing, on August 13th, a statement of claim in substance averring: That on June 26, 1884, the plaintiff, as administrator of Thomas Neely, deceased, sold and delivered to the defendant one black horse, of the price and value of $425 ; and one top wagon or buggy, one buggy tongue, and one set of double harness, together of the…

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No. 425 January Term 1891, Sup. Ct.; court below, No. 56 August Term 1889, C. P. On June 18, 1890, John Neely brought assumpsit against John Bair, filing, on August 13th, a statement of claim in substance averring: That on June 26, 1884, the plaintiff, as administrator of Thomas Neely, deceased, sold and delivered to the defendant one black horse, of the price and value of $425 ; and one top wagon or buggy, one buggy tongue, and one set of double harness, together of the price and value of $155; that these said prices for the said property were the prices agreed upon between the plaintiff and…

1Opinion of the Court

Opinion,

Mr. Justice Sterrett :

In his statement of claim, verified by affidavit, the plaintiff avers, in substance, that', as administrator of Thomas Neely, deceased, he sold and delivered to defendant, on June 26,1884, “ one black horse, of the price and value of $425, and one top wagon or buggy,” etc., “ of the price and value of $155; ” that these were the prices agreed upon between the parties at the *255time of the sale and delivery of said property; that the defendant, though legally bound and liable to pay the plaintiff the said sums of money, according to the terms of said sale and…

2Cited by7 opinions

  1. Whitehead v. North H. Sch. D., Pennsylvania Court of Common Pleas, Westmoreland County1891
  2. Hastings AppealSupreme Court of Pennsylvania · 1953
  3. Bartley v. PhillipsSupreme Court of Pennsylvania · 1895
  4. Jacoby v. Westchester Fire InsuranceSuperior Court of Pennsylvania · 1899
  5. Sather v. City of DuluthSupreme Court of Minnesota · 1913

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