Delp v. Bartholomay Brewing Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT 03? COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 147 October Term 1888, Sup. Ct.; court below, No. 416 October Term 1887, C. P. No. 2. On October 8, 1887, a summons in assumpsit was served in an action by tbe Bartholomay Brewing Co. against Sebastian Delp, to recover a balance of an account for beer sold and delivered to Bingham & Spencer.
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ERROR TO THE COURT 03? COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 147 October Term 1888, Sup. Ct.; court below, No. 416 October Term 1887, C. P. No. 2. On October 8, 1887, a summons in assumpsit was served in an action by tbe Bartholomay Brewing Co. against Sebastian Delp, to recover a balance of an account for beer sold and delivered to Bingham & Spencer. At the trial on February 28, 1888, plaintiff company proved the sale and delivery of beer to Bingham & Spencer, of the Hotel Albemarle, continuously from August 21, 1886, to February 1, 1887, and a balance due therefor of $430, with a…
1Opinion of the Court
*50OPINION,
Mr. Justice Clark :
On the 31st of January, 1887, Bingham & Spencer, who were lessees and proprietors of the Hotel Albemarle, in the city of Pittsburgh, executed a bill of sale to Sebastian Delp for the leasehold, with the furniture, fixtures, etc., and generally of the personal property, used in, or belonging to, the hotel, including the stock of liquors on hand, with the outstanding claims, bills payable, etc. The consideration expressed was $3,500 to Bingham, $5,000 to Spencer, and the “further consideration of the said Sebastian Delp assuming to pay about $23,500 partnership debts…
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