Legal Opinion

Anderson v. National Surety Co.

Supreme Court of Pennsylvania

Decided May 23, 1900No. Appeal, No. 4PublishedCited by 12 opinions

Appeal, No. 4, Jan. T., 1900, from j sdgment of C. P. No. 1, Phila. Co., June T., 1899, No. 374, on verdict for plaintiffs, in case of William M. Anderson and William P. Adams, copartners, trading as Anderson & Adams, v. National Surety Company. Assumpsit on a contract. . Before Brégy, J. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 4, Jan. T., 1900, from j sdgment of C. P. No. 1, Phila. Co., June T., 1899, No. 374, on verdict for plaintiffs, in case of William M. Anderson and William P. Adams, copartners, trading as Anderson & Adams, v. National Surety Company. Assumpsit on a contract. . Before Brégy, J. The facts appear by the opinion of the Supreme Court. Defendants’ points among others were as follows : 1. A party who avails himself of the act of an agent must, in order to charge the principal, prove the authority under which the agent acts. The burden of proof lies on him to establish the agency and the…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

One William J. Donegan, on August 19, 1897, made a contract with William G. Patton, for the plumbing and gas fixtures of eighty houses in Philadelphia. The price to be paid was $14,400, twenty per cent of which was to be reserved and paid after the houses were finished and ready for sale or occupancy. The plans had been prepared by an architect, and were in possession of Patton when the contract was executed; they were made part of the contract, but still, it was stipulated, that Donegan was to do all that kind of work about which they were contracting, even if not…

2Cited by12 opinions

  1. Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
  2. Zager v. GUBERNICKSuperior Court of Pennsylvania · 1965
  3. Anthony P. Miller, Inc. v. NeedhamCourt of Appeals for the Third Circuit · 1941
  4. American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1907
  5. Bayne v. Proctor & Gamble Distributing Co.Superior Court of Pennsylvania · 1925

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