Kelly v. Eichman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton County. The ease came into that Court on an appeal from the judgment of J. K. Heckman, Esq. a justice of the peace, before whom the action of assumpsit was brought by Greorge Kelly and John Boyle, (to the use of Greorge Kelly,), against William Eichman and Christopher Midler, trading under the firm of Eichman & Midler, to recover from the defendants the sum of $90, being a balance alleged to be due to the plaintiffs for…
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Error to the Court of Common Pleas of Northampton County. The ease came into that Court on an appeal from the judgment of J. K. Heckman, Esq. a justice of the peace, before whom the action of assumpsit was brought by Greorge Kelly and John Boyle, (to the use of Greorge Kelly,), against William Eichman and Christopher Midler, trading under the firm of Eichman & Midler, to recover from the defendants the sum of $90, being a balance alleged to be due to the plaintiffs for mason-work done and performed for the defendants, at a building belonging to them in 'South Easton. The justice gave judgment…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
For the purposes of the point raised by- the first exception, we must take it, that the contract on which the suit is brought was with Kelly alone: and this is the fair import of the evidence. Have the defendants, then, precluded themselves from the benefit of this defence, by their own act; for unless they have, it is very clear, that the action in the name of Kelly and Boyle cannot be.supported by proof of a contract with Kelly alone. It is contended, that the defendants were estopped from denying that Boyle and Kelly were jointly…
2Cases cited5 opinions
- Wilson v. WallaceSupreme Court of Pennsylvania · 1822
- Grenell v. SharpSupreme Court of Pennsylvania · 1839
- Kelly v. EichmanSupreme Court of Pennsylvania · 1840
- Martin v. IvesSupreme Court of Pennsylvania · 1828
- Martin v. MartinSupreme Court of Pennsylvania · 1828
3Cited by6 opinions
- Csizik v. Verhovay Sick Benefit Ass'nSuperior Court of Pennsylvania · 1915
- Patterson v. LytleSupreme Court of Pennsylvania · 1849
- Grenell v. SharpSupreme Court of Pennsylvania · 1839
- Kelly v. EichmanSupreme Court of Pennsylvania · 1840
- Michigan Ins. Bank v. EldredU.S. Circuit Court for the District of Eastern Wisconsin · 1875
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