Legal Opinion

Swavely v. Eno

Superior Court of Pennsylvania

Decided July 16, 1913No. Appeal, No. 36PublishedCited by 1 opinion

Appeal, No. 36, March T., 1913, by defendant, from judgment of C. P. Luzerne Co., March T., 1909, No. 563, on verdict for plaintiff in case of E. Swavely v. Marion B. Eno. Assumpsit to recover tuition fee. Before Garman, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 36, March T., 1913, by defendant, from judgment of C. P. Luzerne Co., March T., 1909, No. 563, on verdict for plaintiff in case of E. Swavely v. Marion B. Eno. Assumpsit to recover tuition fee. Before Garman, J. The facts are stated in the opinion of the Superior Court. The trial judge charged in part as follows: [There being no contradiction of the facts alleged upon the part of the plaintiff, by the defendant, we conceive that it is our duty to say that under the law, a contract between the plaintiff and the defendant has been clearly established and that under the terms of that…

1Opinion of the Court

Opinion by

Porter J.,

The plaintiff is the master of a preparatory school for boys, located in Washington City. The defendant had written him saying, “I wish to enter my son, Josiah William Eno, as a student at your school. Will you kindly reserve a place for him and give him the best room you have left, with a desirable roommate.” It was admitted at the trial, that at the time this letter was written the defendant had received a catalogue of the school, sent at the request of her son, which stated that the charges for the term, beginning October 1, 1908, and ending February 1, 1909 would be…

2Cases cited2 opinions

  1. King & Graham v. SteirenSupreme Court of Pennsylvania · 1862
  2. Trexler v. AfricaSuperior Court of Pennsylvania · 1907

3Cited by1 opinion

  1. Bouligny v. Kirk, Pennsylvania Court of Common Pleas, Lycoming County1950

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