Legal Opinion

Cottom v. Wiley

Superior Court of Pennsylvania

Decided July 14, 1909No. Appeal, No. 28PublishedCited by 2 opinions

Appeal, No. 28, April T., 1909, by defendant, from judgment of C. P. Fayette Co., June T., 1907, No. 221, on verdict for plaintiff in case of A. W. Cottom v. J. W. Wiley. Assumpsit for services. Before Van Swearingen, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $1,169.58. Defendant appealed. Error assigned was in admitting the papers referred to in the opinion of the Superior Court.

1Opinion of the Court

Opinion by

Orlady J.,

The plaintiff brought this action of assumpsit to recover $867, with interest thereon, for services in procuring an option on coal lands, at the rate of fifty cents per acre. The defendant denied that he had ever requested the plaintiff to procure an option on the land, or that he had agreed to pay him any sum of money whatever. The trial resulted in a verdict in favor of the plaintiff for $1,169.58.

It is apparent that certain papers which were offered by the plaintiff and admitted in evidence, over the defendant’s objection, contributed materially to the conclusion…

2Cases cited2 opinions

  1. Eilbert v. FinkbeinerSupreme Court of Pennsylvania · 1871
  2. Carland & Bierne v. CunninghamSupreme Court of Pennsylvania · 1860

3Cited by2 opinions

  1. Cooper v. BrownCourt of Appeals for the Third Circuit · 1942
  2. Reddelien v. AtkinsonSuperior Court of Pennsylvania · 1911

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