Legal Opinion

Gable v. Crane

Superior Court of Pennsylvania

Decided December 19, 1903No. Appeal, No. 172PublishedCited by 4 opinions

Appeal, No. 172, Oct. T., 1902, by plaintiff, from order of C. P. Lancaster Co., April T., 1902, No. 75, refusing to take off nonsuit in case of Mary Louisa Gable v. George Crane, Agent. Assumpsit for money had and received. Before Landis, J. At the trial the court entered a compulsory nonsuit.

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Appeal, No. 172, Oct. T., 1902, by plaintiff, from order of C. P. Lancaster Co., April T., 1902, No. 75, refusing to take off nonsuit in case of Mary Louisa Gable v. George Crane, Agent. Assumpsit for money had and received. Before Landis, J. At the trial the court entered a compulsory nonsuit. On a motion to take off the nonsuit Landis, J., filed the following opinion: ■ The evidence of the plaintiff shows that on April 25, 1899, George Crane, as agent for Emily Crane, Sarah Gossler, Katharine G. Fon Dersmith and Philip G. Gossler, sold a lot of ground, located in the borough of Columbia,…

1Opinion of the Court

Per Curiam,

The facts of this case are fully stated in the opinion filed by the learned judge below, and need not be recapitulated by us. Upon the face of the paper declared on, the contract was with Martin K. Gable, the plaintiff’s husband, and the right of action for a breach thereof was in him. But we need not, and do not, put our decision upon the ground that she could not maintain an action for the breach; for even if it be assumed that the evidence admitted, taken in connection with that offered and rejected, was sufficient to warrant a reformation of the instrument upon the ground that…

2Cases cited1 opinion

  1. Kurzawski v. SchneiderSupreme Court of Pennsylvania · 1897

3Cited by4 opinions

  1. Trott v. HildSuperior Court of Pennsylvania · 1959
  2. Brunetto v. FerraraSuperior Court of Pennsylvania · 1950
  3. Dorsey v. BerrySuperior Court of Pennsylvania · 1927
  4. Byer v. BlauSuperior Court of Pennsylvania · 1933

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