Legal Opinion

Fleming v. Beck

Supreme Court of Pennsylvania

Decided January 2, 1865PublishedCited by 10 opinions

Ekkor to the Common Pleas of Armstrong county. This was an action before a justice of the peace by George Beck against Alexander Fleming, and came into the Common Pleas by appeal of defendant. The plaintiff claimed to recover on a parol contract for dressing two pairs of burr mill-stones, and for some work and labour at a chimney flue, and for cleaning the forebay of the mill. The mill-stones were to be put in good running order, for sixteen dollars a pair.

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Ekkor to the Common Pleas of Armstrong county. This was an action before a justice of the peace by George Beck against Alexander Fleming, and came into the Common Pleas by appeal of defendant. The plaintiff claimed to recover on a parol contract for dressing two pairs of burr mill-stones, and for some work and labour at a chimney flue, and for cleaning the forebay of the mill. The mill-stones were to be put in good running order, for sixteen dollars a pair. The plaintiff proceeded with the job, and started the mill. The defence was that the work was so unskilfully done as not to answer the…

1Opinion of the Court

The opinion of the court was delivered, hy

Agnew, J.

— It would he sufficient to say, in relation to the rejection of'James Reissman’s deposition, that we rely .greatly upon the interpretation of the court below of its own rules. But as the rule is one that at one time governed the practice in Western Pennsylvania, its construction is well known to some of the members of this court.

Westmoreland and Allegheny counties (from which Armstrong was taken), together with Eayette and Washington, in 1791 and for some time afterwards, constituted the fifth circuit or district, then comprehending the…

2Cited by10 opinions

  1. Lemos v. MaddenWyoming Supreme Court · 1921
  2. Krauss v. GreenbargCourt of Appeals for the Third Circuit · 1943
  3. Clyde Coal Co. v. Pittsburg & Lake Erie RailroadSupreme Court of Pennsylvania · 1910
  4. Dairymen's Co-Operative Sales Ass'n v. McCrearySuperior Court of Pennsylvania · 1938
  5. Cornelius v. LytleSupreme Court of Pennsylvania · 1914

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