Welch v. Miller
Supreme Court of Pennsylvania
Appeal No. 66, Oct. T., 1904, by defendant, from judgmentofC. P. No. 1, Allegheny Co., Sept. T., 1902, No. 490, on verdict for plaintiff in case of William Welch and Charles E. Pool v. William A. Miller and Christ. S. O. Tinstman. Assumpsit for profits on a partnership transaction.
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Appeal No. 66, Oct. T., 1904, by defendant, from judgmentofC. P. No. 1, Allegheny Co., Sept. T., 1902, No. 490, on verdict for plaintiff in case of William Welch and Charles E. Pool v. William A. Miller and Christ. S. O. Tinstman. Assumpsit for profits on a partnership transaction. Before MacFarlane, J. The court charged as follows : [This case turns upon a question of fact, was there a contract made in April, 1902, between these two plaintiffs and the two defendants, that the defendants would get an option on this farm near Stewart Station, the plaintiffs getting a purchaser and that they…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
Three questions are raised by the assignments of error in this case. First, whether there was a joint liability on the part of the appellants, for which an action in assumpsit would lie. Second, whether one of the appellants not having received one half of the profits, but only a small sum described as commissions, was liable. Third, whether the action was premature by reason of one of the appellants having received in payment a mortgage which had not matured.
The appellants entered into an agreement with the appellees by which the former agreed to get an option…
2Cases cited6 opinions
- Finlay v. StewartSupreme Court of Pennsylvania · 1867
- Meason v. KaineSupreme Court of Pennsylvania · 1870
- Benjamin v. ZellSupreme Court of Pennsylvania · 1882
- Wright v. CumpstySupreme Court of Pennsylvania · 1861
- Galbreath v. MooreSupreme Court of Pennsylvania · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Williams v. WalkerSupreme Court of New Hampshire · 1948
- Kingsley Clothing Manufacturing Co. v. JacobsSupreme Court of Pennsylvania · 1942
- Lumbermen's Trust Co. v. Title Ins. & Inv. Co. of TacomaCourt of Appeals for the Ninth Circuit · 1918
- Wyoming Inv. Co. v. Wax Et Ux.Wyoming Supreme Court · 1933
- Bielenberg v. HigginsMontana Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.