Taylor v. Fried
Supreme Court of Pennsylvania
Appeal, No. 97, Oct. T., 1893, by-defendants, Edward Fried et al., from judgment of C. P. No. 2, Allegheny Co., July T., 1892, No. 167, on verdict for plaintiff, M. Y. Taylor. Assumpsit for goods sold and delivered. Before Ewing, P. J. The facts appear by the opinion of the Supreme Court. W. P. Black, one of the defendants, was not served.
Read the full summary
Appeal, No. 97, Oct. T., 1893, by-defendants, Edward Fried et al., from judgment of C. P. No. 2, Allegheny Co., July T., 1892, No. 167, on verdict for plaintiff, M. Y. Taylor. Assumpsit for goods sold and delivered. Before Ewing, P. J. The facts appear by the opinion of the Supreme Court. W. P. Black, one of the defendants, was not served. The court charged as follows: “ In this case Mrs! M. Y. Taylor seeks to recover from Edward Fried, Jeremiah Miller, Lewis Sands, Lee Phillips, O. G. Glatzau and W. P. Black, for a boiler furnished at an oil well at McDonald, also for some casing furnished…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
We think the evidence in this case is insufficient to sustain a verdict against the defendants. They were sued as joint debtors and under the instructions of the learned court below were held liable as partners on a purchase by one of them of a boiler which he used in drilling a well upon property they owned as tenants in common. The following facts are admitted, or established by un contradicted evidence : In the summer of 1891, W. P. Black, being the owner of an oil lease, sold to Jeremiah Miller one tenth, to Lewis Sands one tenth, to Lee Phillips one tenth…
2Cases cited2 opinions
- Walker v. TupperSupreme Court of Pennsylvania · 1892
- Brown v. JaquetteSupreme Court of Pennsylvania · 1880
3Cited by5 opinions
- Anderson v. Keystone Supply Co.Supreme Court of Oklahoma · 1923
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- Union Savings & Loan Co. v. CookOhio Supreme Court · 1933
- Engel EstateSupreme Court of Pennsylvania · 1964
- First National Bank v. Gitt & DeloneSupreme Court of Pennsylvania · 1917