Ramble v. Pennsylvania Coal Co.
Superior Court of Pennsylvania
Appeal, No. 9, March T., 1911, by plaintiff, from order of C. P. Wayne Co., Oct. T., 1908, No. 38, refusing to take off nonsuit in case of William J. Ramble v. Pennsylvania Coal Company. Assumpsit to recover a balance of ten per cent retained under a contract to cut and haul lumber. Before Staples, P. J., specially presiding.
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Appeal, No. 9, March T., 1911, by plaintiff, from order of C. P. Wayne Co., Oct. T., 1908, No. 38, refusing to take off nonsuit in case of William J. Ramble v. Pennsylvania Coal Company. Assumpsit to recover a balance of ten per cent retained under a contract to cut and haul lumber. Before Staples, P. J., specially presiding. At the trial when the plaintiff was on the stand the following offer was made: We offer to prove by this witness that from May, 1901, up to the time that he entered into this verbal contract in August, he received his instructions from E. M. Beyea; that the lumber was…
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of assumpsit brought to recover a portion of a ten per cent reservation from the amount of money the plaintiff alleged he had earned under a certain contract with the defendant company. The court below granted a compulsory nonsuit and refused to take it off, and the plaintiff’s counsel excepted and took this appeal.
We deem it necessary to here state the facts. On October 26, 1900, the Pennsylvania Coal Company entered into a written agreement with Frank Rauschmeier, by the terms of which the latter agreed to cut, haul and deliver certain lumber and…
2Cases cited9 opinions
- Presbyterian Board v. GilbeeSupreme Court of Pennsylvania · 1905
- Peoples Natural Gas Co. v. Braddock Wire Co.Supreme Court of Pennsylvania · 1893
- Carpenter v. United States Life Ins.Supreme Court of Pennsylvania · 1894
- Strause v. BraunreuterSuperior Court of Pennsylvania · 1897
- Kaul v. WeedSupreme Court of Pennsylvania · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wrightsville Hardware Co. v. McElroySupreme Court of Pennsylvania · 1916