Johnson v. Bumpus
Supreme Court of Pennsylvania
Argued May 20, 1907. Appeal, No. 36, April T., 1907, by plaintiff, from order of C. P. Warren Co., Dec. T., 1903, refusing to take off nonsuit in case of Theodore Johnson et al. v. A. W. Bumpus. Assumpsit for breach of contract. Before Lindsey, P. J. The opinion of the Superior Court states the case. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Orlady, J.,
The court below entered a nonsuit and subsequently refused to lift it, for the reason that there was not sufficient evidence on the facts as developed in the plaintiff’s testimony. On July 1, 1899, the plaintiff purchased, by a parol agreement, from the defendant, all the timber on a described tract of land, at a price which was paid in full; the plaintiff entered into possession, expended money in making improvements, roads, etc., cut down and removed some of the timber, when on December 10, 1901, the defendant stopped plaintiff from cutting any more timber and from…
2Cases cited3 opinions
- Robbins v. FarwellSupreme Court of Pennsylvania · 1899
- McClintock's AppealSupreme Court of Pennsylvania · 1872
- Stephens v. BarnesSuperior Court of Pennsylvania · 1906
3Cited by5 opinions
- Havens v. PearsonSupreme Court of Pennsylvania · 1939
- Edwards v. GlaskeSuperior Court of Pennsylvania · 1949
- Rickol v. SeatonSuperior Court of Pennsylvania · 1915
- Sparkman v. KirkpatrickAlabama Court of Appeals · 1920
- Vogelbacher v. Walker, Pennsylvania Court of Common Pleas, Wayne County1925