Germantown Dairy Co. v. McCallum
Supreme Court of Pennsylvania
Appeal, No. 153, Jan. T., 1908, by defendant, from judgment of C. P. No. 5, Phila. Co., March T., 1904, No. 4,483, on verdict for plaintiff in case of Germantown Dairy Company v. Irving McCallum. Assumpsit to recover the purchase price of personal property. Before Martin, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 153, Jan. T., 1908, by defendant, from judgment of C. P. No. 5, Phila. Co., March T., 1904, No. 4,483, on verdict for plaintiff in case of Germantown Dairy Company v. Irving McCallum. Assumpsit to recover the purchase price of personal property. Before Martin, P. J. The facts are stated in the opinion of the Supreme Court. When the defendant was on the stand he was asked this question: “Q. Will you state whether it was or was not better adapted for carrying on your business than this place on Germantown road?” Objected to. Objections sustained. Exception for defendant. [1] “Q. How…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The plaintiff, a foreign corporation doing business in German-town in this state, by written article of agreement sold to the defendant its business plant consisting exclusively of personal property. It was provided in the agreement that plaintiff would assign and transfer to defendant any unexpired portion of the lease of the premises plaintiff had been occupying in its trade. The action was brought to recover so much of the price as remained unpaid. One of the defenses set up was failure on part of plaintiff to transfer the lease, in consequence of which, the…
2Cases cited3 opinions
- Holloway v. FrickSupreme Court of Pennsylvania · 1892
- De La Vergne Refrigerating Machine Co. v. KolischerSupreme Court of Pennsylvania · 1906
- Piper v. WhiteSupreme Court of Pennsylvania · 1867
3Cited by16 opinions
- Martin v. Johns-Manville Corp.Supreme Court of Pennsylvania · 1984
- Commonwealth v. MobleySupreme Court of Pennsylvania · 1973
- Anstead v. CookSupreme Court of Pennsylvania · 1927
- Producers Coke Co. v. HooverSupreme Court of Pennsylvania · 1920
- Bentz v. BarclaySupreme Court of Pennsylvania · 1928
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