Sticker v. Overpeck
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE NORTHUMBERLAND COUNTY. No. 318 January Term 1889, Sup. Ct.; court below, No. 349 May Term 1884, C. P. On April 14, 1884, H. M. Overpeck brought assumpsit against Mary J. Sticker and Isaac Sticker, her husband, to recover on certain contracts for work done and materials furnished in the erection for Mary J. Sticker of a building divided into three dwellings, and for extra work and materials.
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ERROR TO THE COURT OE COMMON PLEAS OE NORTHUMBERLAND COUNTY. No. 318 January Term 1889, Sup. Ct.; court below, No. 349 May Term 1884, C. P. On April 14, 1884, H. M. Overpeck brought assumpsit against Mary J. Sticker and Isaac Sticker, her husband, to recover on certain contracts for work done and materials furnished in the erection for Mary J. Sticker of a building divided into three dwellings, and for extra work and materials. Pleas, non-assumpsit, payment, payment with leave, and set-off. By one contract, the plaintiff agreed, for the sum of @550, to furnish the materials and do the…
1Per curiam
If there is anything the matter with this ease it is the verdict, and with that we have nothing to do. There was evidence to justify the learned judge in submitting to the jury the question of a substantial compliance with the contract. Such evidence may be generally anticipated, now that the plaintiff is a competent witness. Whether the jury should, under all the evidence in the cause, have found such substantial compliance, was a matter which was for the consideration of the court below upon a motion for a new trial. It does not concern this court; hence we express no opinion upon it. A…
2Cases cited2 opinions
- Battles v. SlineySupreme Court of Pennsylvania · 1889
- Hawes v. O'ReillySupreme Court of Pennsylvania · 1889
3Cited by7 opinions
- M. J. Daly & Sons, Inc. v. New Haven Hotel Co.Supreme Court of Connecticut · 1917
- Morgan v. GambleSupreme Court of Pennsylvania · 1911
- Moore v. Carter, Pennsylvania Court of Common Pleas, Alleghany County1892
- Reach v. National Bedding Co.Supreme Court of Pennsylvania · 1923
- DeRoy v. RichardsSuperior Court of Pennsylvania · 1898
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