Schomacker Piano Forte Manufacturing Co. v. Yankee Dauntless Club
Superior Court of Pennsylvania
Appeal, No. 241, Oct. T., 1904, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1899, No. 800, on verdict for plaintiff in case of Schomacker Pianio Forte Manufacturing Company v. Yankee Dauntless Club. Assumpsit for the price of a piano. Before Finletter, P. J. The court charged in part as follows: The plaintiff claims to recover in this case $324 for goods sold and delivered.
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Appeal, No. 241, Oct. T., 1904, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1899, No. 800, on verdict for plaintiff in case of Schomacker Pianio Forte Manufacturing Company v. Yankee Dauntless Club. Assumpsit for the price of a piano. Before Finletter, P. J. The court charged in part as follows: The plaintiff claims to recover in this case $324 for goods sold and delivered. I may say, at the outset, that unless you are satisfied from all the testimony in the case that there was a purchase and sale, the plaintiff cannot recover. So that [this comes down simply to what…
1Opinion of the Court
Opinion by
Rice, P. J.,
The defendant, an incorporated social club, appointed a committee of five to select and purchase a piano. This action of assumpsit was brought to recover the price of a piano alleged to have been purchased by the committee and delivered to the defendant’s clubhouse. The matters assigned for error are principally the denial of the defendant’s points. The questions in the case will appear upon a brief review of the conflicting testimony.
On December 18, 1899, according to the testimony of Henry W. Gray, the president of the plaintiff company, Mr. Melvin, chairman of the…
2Cases cited5 opinions
- Kroegher v. McConway & Torley Co.Supreme Court of Pennsylvania · 1892
- Whitmire v. MontgomerySupreme Court of Pennsylvania · 1895
- Carey v. BuckleySupreme Court of Pennsylvania · 1899
- Jones v. GreenfieldSuperior Court of Pennsylvania · 1904
- Sommer v. GilmoreSupreme Court of Pennsylvania · 1894
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