Gilbert v. Ayoob
Superior Court of Pennsylvania
Appeal, No. 140, April Term, 1918, by defendant, from judgment of C. P. Allegheny Co., April T., 1915, No. 1057,.on verdict for plaintiff in case of D. H. Gilbert v. H. K. Ayoob. Assumpsit on contract for the sale of watermelons. Before Shafer, P. J. Verdict for plaintiff for $651.65 and judgment thereon. Defendant appealed. The facts appear in the following opinion of the court below refusing new trial.
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Appeal, No. 140, April Term, 1918, by defendant, from judgment of C. P. Allegheny Co., April T., 1915, No. 1057,.on verdict for plaintiff in case of D. H. Gilbert v. H. K. Ayoob. Assumpsit on contract for the sale of watermelons. Before Shafer, P. J. Verdict for plaintiff for $651.65 and judgment thereon. Defendant appealed. The facts appear in the following opinion of the court below refusing new trial. The plaintiff is a grower, or shipper, of melons in Florida, and the defendant a dealer in melons and other fruits in Pittsburgh. Thornley Brothers were commission dealers doing business in…
1Opinion of the Court
Opinion by
Porter, J.,
The first specification of error refers to the refusal of the court to give binding instructions in favor of the defendant, the second specification to the refusal to enter judgment in favor of the defendant non obstante veredicto, and the third to the refusal of a new trial. The opinion of the learned president judge of the court below, which will appear in the report of this case, properly disposes of those questions and fairly summarizes the evidence and renders further discussion of that branch of the case unnecessary. The fourth and fifth specifications refer to the…
2Cases cited3 opinions
- Pittsburgh Provision & Packing Co. v. Cudahy Packing Co.Supreme Court of Pennsylvania · 1918
- Charles E. Hires Co. v. StromeyerSuperior Court of Pennsylvania · 1916
- McHenry v. BulifantSupreme Court of Pennsylvania · 1903