Wheeler v. Woodward
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of JSrie county: of October and November Term 1870, No. 95. This case was between Daniel J. Woodward, plaintiff, and Charles M. Wheeler, defendant. It was commenced before a justice of the peace, and on the 26th of July 1866 removed into the Court of Common Pleas by appeal.
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Error to the Court of Common Pleas of JSrie county: of October and November Term 1870, No. 95. This case was between Daniel J. Woodward, plaintiff, and Charles M. Wheeler, defendant. It was commenced before a justice of the peace, and on the 26th of July 1866 removed into the Court of Common Pleas by appeal. Under a rule of reference entered by the defendant, the arbitrators made this award ;— “May 12th 1870, arbitrators, after due deliberation, do say, that we find for the defendant, for the reason that we find, from the evidence, that the defendant did, prior to the commencement of this…
1Opinion of the Court
The opinion of the court was delivered, October 27th 1870, by
Agnew, J.
— It was an error on part of the court to direct the award to be entered for the plaintiff, whether it be termed altering or construing the award. It was in fact, however, a dear-alteration. The arbitrators say expressly that after due deliberation they find for the defendant, and for this they gave a good reason. To put this reason in fewer words, they said that the defendant tendered the plaintiff $20, and brought the money into court, while he owed the plaintiff but $10.43. A tender is a good plea in bar, and if followed…
2Cited by4 opinions
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- Sheehan v. RosenSuperior Court of Pennsylvania · 1900
- Thomas v. NicholsSuperior Court of Pennsylvania · 1921
- Baldwin Township School District v. Pittsburgh Terminal Coal Corp.Superior Court of Pennsylvania · 1938