Wally v. Clark
Supreme Court of Pennsylvania
Appeal, No. 174, Oct. T., 1918, by defendant, from judgment of O. P. Allegheny Co., April T., 1917, No! 346, on verdict for plaintiff in case of P. L. Wally v. D. L. Clark. Action in assumpsit for drilling an oil well. Before Reid, J. Verdict for plaintiff in tbe sum of $2,493.35. The court refused a new trial. Defendant appealed. Errors assigned were the charge of the court and answers to oral requests for instructions.
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Appeal, No. 174, Oct. T., 1918, by defendant, from judgment of O. P. Allegheny Co., April T., 1917, No! 346, on verdict for plaintiff in case of P. L. Wally v. D. L. Clark. Action in assumpsit for drilling an oil well. Before Reid, J. Verdict for plaintiff in tbe sum of $2,493.35. The court refused a new trial. Defendant appealed. Errors assigned were the charge of the court and answers to oral requests for instructions. Where a trial court misstates the evidence, even inadvertently upon a fact, even though it is not pivotal, it is ground for reversal: Paul v. Kunz, 195 Pa. 207; Reel v.…
1Opinion of the Court
Opinion by
Mr. Justice Fox,
The appellant made a contract with the appellee to drill an oil well on his premises. The original contract price was the sum of $3,000. This contract having been performed and the drilling of the well having failed to produce results, there were subsequent negotiations and agreements between the parties looking to the further development of the oil well. Evidence both oral and written was produced by the parties relating to the arrangement between them. The claim of the plaintiff was $4,412.28 with interest. The appellant denied that he owed the appellee anything…
2Cases cited2 opinions
- Commonwealth v. KaiserSupreme Court of Pennsylvania · 1898
- Berry v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1913
3Cited by3 opinions
- Commonwealth v. MendolaSupreme Court of Pennsylvania · 1928
- RAGO v. NelsonSuperior Court of Pennsylvania · 1960
- Priese v. Clement, Pennsylvania Court of Common Pleas, Delaware County1974