Legal Opinion

MacDonald ex rel. Leahey v. Piper

Supreme Court of Pennsylvania

Decided October 30, 1899No. Appeal, No. 164PublishedCited by 10 opinions

Appeal, No. 164, Oct. T., 1899, by plaintiff, from judgment of C. P. Cambria Co., Dec. T., 1898, No. 330, on verdict for defendants. Assumpsit for services. Before Barker, P. J. The facts appear by the charge of the court, which was as follows: The plaintiff in this case seeks to recover from the defendants a balance of some |1,500—I believe that includes interest—which he alleges to be due him for services rendered while working for them as a civil and mining engineer.

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Appeal, No. 164, Oct. T., 1899, by plaintiff, from judgment of C. P. Cambria Co., Dec. T., 1898, No. 330, on verdict for defendants. Assumpsit for services. Before Barker, P. J. The facts appear by the charge of the court, which was as follows: The plaintiff in this case seeks to recover from the defendants a balance of some |1,500—I believe that includes interest—which he alleges to be due him for services rendered while working for them as a civil and mining engineer. You have learned that he was employed by these defendants for quite a number of years, dating from 1882 to 1894, or…

1Opinion of the Court

Per Curiam,

This action of assumpsit was brought to recover a balance alleged to be due by the defendants for plaintiff’s services as civil and mining engineer and for other services and work performed and done by him for defendants at their request, etc., and amounting to 11,599.13 as set forth in his statement of claim.

In substance, the defense was settlement and payment in full. Evidence tending to sustain their respective contentions was introduced by each of the parties. The defendants among other things gave in evidence a receipted bill, the last lumping item of which is, “ For mine work…

2Cited by10 opinions

  1. Flaccus v. WoodSupreme Court of Pennsylvania · 1918
  2. Benseman v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1900
  3. Daly v. DallmeyerSuperior Court of Pennsylvania · 1902
  4. Guhl v. FrankSuperior Court of Pennsylvania · 1903
  5. Bradley v. McHaleSuperior Court of Pennsylvania · 1902

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