White v. Miller
Superior Court of Pennsylvania
Appeal, No. 52, April T., 1910, by defendant, from judgment of C. P. No. 4, Allegheny Co., Fourth T., 1907, No. 709, on verdict for plaintiff in case of B. White v. Oliver Miller, Jr. Assumpsit for goods sold and delivered. Before Swearingen, P. J. The facts are stated in the opinion of the Superior Court. At the trial the court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $334. Defendant appealed.
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Appeal, No. 52, April T., 1910, by defendant, from judgment of C. P. No. 4, Allegheny Co., Fourth T., 1907, No. 709, on verdict for plaintiff in case of B. White v. Oliver Miller, Jr. Assumpsit for goods sold and delivered. Before Swearingen, P. J. The facts are stated in the opinion of the Superior Court. At the trial the court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $334. Defendant appealed. Error assigned was in giving binding instructions- for plaintiff.
1Opinion of the Court
Opinion by
Oklady, J.,
This action of assumpsit was brought to recover the value of certain household furniture that was delivered to the defendant under the following circumstances: The defendant, having been recently married, went with his wife to the plaintiff, who was a dealer in furniture, and after having been shown a number of articles by a salesman, was introduced to the plaintiff, who requested him to sign a written order for certain goods, and to pay a small sum on account of the intended purchase. This the defendant refused positively to do, but stated that if the proper furniture…
2Cases cited5 opinions
- Estey Co. v. DickSuperior Court of Pennsylvania · 1910
- Youghiogheny Iron & Coal Co. v. SmithSupreme Court of Pennsylvania · 1870
- Rohn v. DennisSupreme Court of Pennsylvania · 1885
- Schaefer v. LangeSuperior Court of Pennsylvania · 1908
- Sharer v. DobbinsSupreme Court of Pennsylvania · 1900
3Cited by2 opinions
- Applebaum v. Manayunk Spinning Mill, Inc.Superior Court of Pennsylvania · 1955
- Statler v. United States Savings & Trust Co.Supreme Court of Pennsylvania · 1937