Legal Opinion

Zell v. Dunkle

Supreme Court of Pennsylvania

Decided July 19, 1893No. Appeal, No. 274PublishedCited by 29 opinions

Appeal, No. 274, Jan. T., 1893, by plaintiff, Aaron Zell, from judgment of C. P. Lancaster Co.,. August T., 1889, No. 131, entering nonsuit in favor of defendants, S. F. Dunkle et al., trading as Star Heating Co. Appeal by defendants from judgment of justice of peace. Plaintiff’s statement was as follows : “ The cause of 'action is based and founded upon damages; sustained by plaintiff at the hands of defendants.

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Appeal, No. 274, Jan. T., 1893, by plaintiff, Aaron Zell, from judgment of C. P. Lancaster Co.,. August T., 1889, No. 131, entering nonsuit in favor of defendants, S. F. Dunkle et al., trading as Star Heating Co. Appeal by defendants from judgment of justice of peace. Plaintiff’s statement was as follows : “ The cause of 'action is based and founded upon damages; sustained by plaintiff at the hands of defendants. Defendants-had left with them by plaintiff or his servants, at their place of' business in Mount Jojf, a steam boiler to be repaired by said: defendants (repairing steam boilers…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

In the spring of 1889 the plaintiff purchased at public sale an engine and boiler. The boiler was out of repair and unfit for use. The defendants had a shop at Mount Joy, Lancaster county, at which they made and repaired steam boilers. The plaintiff sent the boiler he had purchased to the defendant’s shop for repairs in the early part of May. They engaged to make the repairs and have the work done by the first day of June. The repairs were not made at the. time agreed o.n, and before they were made, viz., on the twenty-second day of June, 1889, the shop was…

2Cases cited2 opinions

  1. Reeside's v. ReesideSupreme Court of Pennsylvania · 1865
  2. Hunt v. WynnSupreme Court of Pennsylvania · 1837

3Cited by29 opinions

  1. Brower v. Employers' Liability Assurance Co.Supreme Court of Pennsylvania · 1935
  2. Brown v. MooreCourt of Appeals for the Third Circuit · 1957
  3. Schell v. Miller North Broad Storage Co.Superior Court of Pennsylvania · 1940
  4. Wendt v. Sley System GaragesSuperior Court of Pennsylvania · 1936
  5. Smith v. CohenSuperior Court of Pennsylvania · 1934

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