Legal Opinion

McFarland-Meade Co. v. Doak

Superior Court of Pennsylvania

Decided April 17, 1916No. Appeal, No. 157PublishedCited by 8 opinions

Appeal, No. 157, Oct. T., 1915, by James G. Doak, et al., trading as James G. Doak & Company, from order of C. P. No. 3, Philadelphia Co., Dec. T., 1914, No. 324, overruling demurrer to statement in case of McFarland-Meade Company v. James G. Doak and G. A. Maicas, trading as James G. Doak and Company, and the Finance Company of Pennsylvania. Replevin to recover twenty-six pairs of hollow steel window sashes.

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Appeal, No. 157, Oct. T., 1915, by James G. Doak, et al., trading as James G. Doak & Company, from order of C. P. No. 3, Philadelphia Co., Dec. T., 1914, No. 324, overruling demurrer to statement in case of McFarland-Meade Company v. James G. Doak and G. A. Maicas, trading as James G. Doak and Company, and the Finance Company of Pennsylvania. Replevin to recover twenty-six pairs of hollow steel window sashes. The statement of claim was as follows: 1. Plaintiff avers that prior to the 21st day of November, 1914, it was the owner and lawfully possessed of said 26 pairs of hollow steel window…

1Opinion of the Court

Opinion by

Kephart, J.,

' Plaintiff brought this action of replevin to recover certain sash. The contract on which the action was based provided that the plaintiff shall and will provide all material and perform all the work for the furnishing and setting in place all of the hollow metal window frames and sash,._____it being understood and agreed that Doak and Company is to set the frames in the wall, but this contract includes the hanging, fitting and setting of all sash and the applying of all hardware including the sash lifts and locks. The plaintiff was to be paid $7,500, eighty per cent,…

2Cases cited5 opinions

  1. Reinheimer v. HemingwaySupreme Court of Pennsylvania · 1860
  2. Frick & Lindsay Co. v. Maryland, Pennsylvania & West Virginia Telephone & Telegraph Co.Superior Court of Pennsylvania · 1910
  3. Lake Shore & Michigan Southern Railway Co. v. EllseySupreme Court of Pennsylvania · 1877
  4. Lester v. McDowellSupreme Court of Pennsylvania · 1851
  5. Diamond Glass Co. v. LadwigSuperior Court of Pennsylvania · 1907

3Cited by8 opinions

  1. Use v. Union Transfer Co.Supreme Court of Pennsylvania · 1921
  2. Greenberg v. Goldman Stores Corp.Superior Court of Pennsylvania · 1935
  3. Packard Motor Car Co. v. MazerSuperior Court of Pennsylvania · 1921
  4. Conrad v. Hoch, Pennsylvania Court of Common Pleas, Luzerne County1929
  5. Loughry v. Fisher, Pennsylvania Court of Common Pleas, York County1924

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