Noel v. Kessler
Supreme Court of Pennsylvania
Appeal, No. 168, Oct. T., 1915, by defendants, from judgment of O. P. Allegheny Co., July T., 1912, No. 2691, on verdict for plaintiff in case of Hugh J. Noel v. William A. Kessler, Harvey F. Bots-ford and Harry N. Michael. Assumpsit on written and oral contracts. Before Macfarlane, J. The opinion of the Supreme Court states the case. ' Verdict for plaintiff for $1,633.16 and judgment thereon. Defendant appealed.
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Appeal, No. 168, Oct. T., 1915, by defendants, from judgment of O. P. Allegheny Co., July T., 1912, No. 2691, on verdict for plaintiff in case of Hugh J. Noel v. William A. Kessler, Harvey F. Bots-ford and Harry N. Michael. Assumpsit on written and oral contracts. Before Macfarlane, J. The opinion of the Supreme Court states the case. ' Verdict for plaintiff for $1,633.16 and judgment thereon. Defendant appealed. Errors assigned, among others, were rulings on evidence referred to in the opinion of the Supreme Court, and in refusing defendant’s motion for a new trial.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
We are not inclined to interfere with the disposition of this case by the court below. The learned judge properly criticised the pleadings and trial of the case as “a very slovenly practice.” There were technical errors committed in the trial of the cause on which the judgment might be reversed, but an examination of the record and the evidence convinces us that substantial justice has been done between the parties, and we will therefore, not disturb the judgment. The cause of action accrued in 1908, and the case should not be retried after this length of time…
2Cases cited4 opinions
- Croyle v. Cambria Land & Improvement Co.Supreme Court of Pennsylvania · 1912
- Ferguson v. Rafferty, Pennsylvania Court of Common Pleas, Clearfield County1889
- Greenawalt v. KohneSupreme Court of Pennsylvania · 1877
- Machin v. Prudential Trust Co.Supreme Court of Pennsylvania · 1904
3Cited by17 opinions
- Federal Sales Co. v. FarrellSupreme Court of Pennsylvania · 1919
- Edwards v. City Nat. Bank of McAlesterSupreme Court of Oklahoma · 1921
- Claughton v. JohnsonWyoming Supreme Court · 1935
- Kerr v. McClureSupreme Court of Pennsylvania · 1920
- Dennison v. HardenWashington Supreme Court · 1947
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