Folsom v. Cook & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Delatvare county: Of January Term 1887, No. 92. This was a feigned issue under the following order of the court: And now to wit, May 5th, 1884, the court, upon due consideration, directs that a feigned issue be framed in the above case, upon a wager in the usual form, in which the said Joseph M. Cook and W.'W. L. Cook, trading as J. M. Cook & Co., shall be plaintiffs, and the said Benjamin F. Folsom shall be defendant, to determine…
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Error to the Court of Common Pleas of Delatvare county: Of January Term 1887, No. 92. This was a feigned issue under the following order of the court: And now to wit, May 5th, 1884, the court, upon due consideration, directs that a feigned issue be framed in the above case, upon a wager in the usual form, in which the said Joseph M. Cook and W.'W. L. Cook, trading as J. M. Cook & Co., shall be plaintiffs, and the said Benjamin F. Folsom shall be defendant, to determine whether the centrifugals, pansi tools, machinery, fixtures and all other goods and chattels, and property of any and every…
1Opinion of the CourtJustice Trunkey
After the parties had made an oral agreement the landlord prepared a writing and sent it to the tenants for their signatures. This writing referred to in the testimony as the lease, was not signed by the parties, and it .is not evidence of their agreement unless it is established that they assented to its terms. The landlord claims that it sets forth the contract, but the tenants deny that they so agreed. It was submitted to the jury whether the “lease” expresses the contract, and if so they were instructed to find for the plaintiffs, and annex a list of the property which could be lawfully…
2Cases cited1 opinion
- Briggs v. HerveyMassachusetts Supreme Judicial Court · 1881
3Cited by11 opinions
- M & P Management, L.P. v. WilliamsSupreme Court of Pennsylvania · 2007
- Beeman v. Supreme LodgeSupreme Court of Pennsylvania · 1906
- National Products Co. v. Atlas Financial Corp.Superior Court of Pennsylvania · 1975
- Neubert v. Armstrong Water Co.Supreme Court of Pennsylvania · 1905
- Huckestein v. Kelly & Jones Co.Supreme Court of Pennsylvania · 1893
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