Legal Opinion

Laughead v. H. C. Frick Coke Co.

Supreme Court of Pennsylvania

Decided May 25, 1904No. Appeal, No. 97PublishedCited by 17 opinions

Appeal, No. 97, Jan. T., 1903, by plaintiff, from order of C. P. Fayette Co., March T., 1900, No. 211, refusing to take off nonsuit, in case of Walker W. Laughead v. H. C. Frick Coke Company. Assumpsit for services. Before Umbel, J. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.

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Appeal, No. 97, Jan. T., 1903, by plaintiff, from order of C. P. Fayette Co., March T., 1900, No. 211, refusing to take off nonsuit, in case of Walker W. Laughead v. H. C. Frick Coke Company. Assumpsit for services. Before Umbel, J. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit. A receipt is always open to explanation: Nichols v. Nichols, 133 Pa. 438.

1Opinion of the Court

Opinion bt

Mb. Justice Thompson,

Accord and satisfaction and a receipt in full given by appellant to appellee in settlement of a disputed claim for unliquidated damages, it was contended by appellee, were a bar to appellant’s right to recover and were the principal grounds upon which the learned trial judge based his reasons for a compulsory nonsuit.

In the early part of 1894, appellant, who in July, 1894, was in the employment of the appellee, as a superintendent of the Oliphant furnace, met Thomas Lynch, its general manager, and spoke to him in regard to some negotiations for the purchase of…

2Cases cited2 opinions

  1. Hosler v. HurshSupreme Court of Pennsylvania · 1892
  2. Flynn v. HurlockSupreme Court of Pennsylvania · 1900

3Cited by17 opinions

  1. Miller's EstateSupreme Court of Pennsylvania · 1924
  2. Meaker Galvanizing Co. v. Charles E. McInnes & Co.Supreme Court of Pennsylvania · 1922
  3. Ashton v. SkeenUtah Supreme Court · 1935
  4. Barbarich v. Chicago, Milwaukee, St. Paul & Pacific Railway Co.Montana Supreme Court · 1932
  5. In re KELLETT AIRCRAFT CORP.Court of Appeals for the Third Circuit · 1949

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