Frame v. William Penn Coal Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term 1879, No. 220. This was an action of assumpsit, originally brought by Pollock & Medlar, for the use of the William Penn Coal Company, against Conrad Frame, to recover §120.30, the price of certain coal shipped from the company’s mines in Schuylkill county to the defendants at Heading.
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Error to the Court of Common Pleas of Berks county: Of January Term 1879, No. 220. This was an action of assumpsit, originally brought by Pollock & Medlar, for the use of the William Penn Coal Company, against Conrad Frame, to recover §120.30, the price of certain coal shipped from the company’s mines in Schuylkill county to the defendants at Heading. Before the trial, the record was amended by striking out the names of Pollock & Medlar, leaving the William Penn Coal Company to stand as sole plaintiff. On the trial, before Sassamax, A. L. J., the defendant did not deny the receipt of the…
1Opinion of the CourtJustice Paxson
This action as it stood in the court below at the time of the trial was a suit by the William Penn Coal Company to recover the price of eight car loads of coal shipped to the defendant by Pollock & Medlar, plaintiff’s agents. The receipt of the coal was not denied by the defendant, but ho alleged and offered to prove that he dealt with Pollock & Medlar as principals, and had no knowledge that they were plaintiff’s agents, or that the coal in question belonged to plaintiff; that he made a contract with Mr. Medlar, one of the firm, about August 1st 1873, for two boat loads of Peach Mountain…
2Cited by4 opinions
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