Fleming v. Dixon
Supreme Court of Pennsylvania
Appeal, No. 103, Oct. T., 1899, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1898, No. 104, on verdict for plaintiff. Assumpsit for goods sold and delivered. Before McClung, J. The facts appear by the charge of the court, which was as follows: This case really, when reduced to its elements, is a very simple one.
Read the full summary
Appeal, No. 103, Oct. T., 1899, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1898, No. 104, on verdict for plaintiff. Assumpsit for goods sold and delivered. Before McClung, J. The facts appear by the charge of the court, which was as follows: This case really, when reduced to its elements, is a very simple one. It is simply a suit to recover by the plaintiff from the defendant the price of certain goods which he says he sold at a lixed price to the defendant. If the bargain set up by him was made, he would be entitled to recover. If it was not made, he would not be…
1Opinion of the Court
Opinion’ by
Mr. Justice Brown,
This appeal is utterly without merit. But a single question, purely of fact, was involved in the trial of the cause in the court below. The plaintiff sought to recover the price of goods which be alleged he had sold to the defendant. The latter testified he had not bought them. In his opening words to the jury the learned-trial judge concisely and correctly told them the nature of the case and what they were to consider and determine when he said: “ This case really when reduced to its elements is a very simple one. It is simply a suit to recover by the plaintiff…
2Cases cited2 opinions
- Patterson v. KountzSupreme Court of Pennsylvania · 1870
- Winsor v. MaddockSupreme Court of Pennsylvania · 1870
3Cited by11 opinions
- McLaughlin v. KellySupreme Court of Pennsylvania · 1911
- Commonwealth v. LockettSupreme Court of Pennsylvania · 1927
- Ralston v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
- Creachen v. Bromley Bros. Carpet Co.Supreme Court of Pennsylvania · 1906
- Miller v. James Smith Woolen Machinery Co.Supreme Court of Pennsylvania · 1908
6 more not listed; retrieve them via the Exa API.