Legal Opinion

Stevenson v. Sun Co.

Superior Court of Pennsylvania

Decided November 21, 1921No. Appeal, No. 135PublishedCited by 1 opinion

Appeal, No. 135, Oct. T., 1921, by plaintiffs, from judgment of O. P. No. 4, Phila. Co., June T., 1916, No. 1566, on verdict for plaintiffs in tbe case of James H. Stevenson, trading as Stevenson Bro. & Co., v. Sun Company. Assumpsit for breach of contract. Before AudenRIED, J. Tbe facts are stated in tbe opinion of tbe Superior Court. Tbe court directed a verdict in favor of tbe plaintiffs in tbe sum of $277.88, and judgment was entered tbereon. Plaintiff appealed.

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Appeal, No. 135, Oct. T., 1921, by plaintiffs, from judgment of O. P. No. 4, Phila. Co., June T., 1916, No. 1566, on verdict for plaintiffs in tbe case of James H. Stevenson, trading as Stevenson Bro. & Co., v. Sun Company. Assumpsit for breach of contract. Before AudenRIED, J. Tbe facts are stated in tbe opinion of tbe Superior Court. Tbe court directed a verdict in favor of tbe plaintiffs in tbe sum of $277.88, and judgment was entered tbereon. Plaintiff appealed. Error assigned, among others, was in not directing tbe verdict for tbe full amount of tbe plaintiffs’ claim. Where tbe parties…

1Opinion of the Court

Opinion by

Head, J.,

The plaintiffs ground their action upon the alleged breach of a contract in writing, a copy of which they make part of their statement of claim. There is no suggestion in that statement that anything was omitted from the written contract either by accident or design. There is no hint its execution was induced by any undertaking or agreement distinct from what the writing contains. In a word, the plaintiffs plant their case upon the proposition that the written instrument they exhibit contains and accurately portrays the entire agreement of the parties. They stand upon the…

2Cases cited5 opinions

  1. McMillin v. TitusSupreme Court of Pennsylvania · 1909
  2. Lenox Coal Co. v. Duncan-Spangler Coal Co.Supreme Court of Pennsylvania · 1920
  3. Atchison v. United Presbyterian Board of PublicationSupreme Court of Pennsylvania · 1920
  4. Beedy v. Nypano RailroadSupreme Court of Pennsylvania · 1915
  5. American Dressler Tunnel Kilns, Inc. v. HoltSupreme Court of Pennsylvania · 1920

3Cited by1 opinion

  1. Lamborn & Co. v. Apollo Supply Co.Superior Court of Pennsylvania · 1926

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