Fonder v. Rosenstein
Superior Court of Pennsylvania
Appeal, No. 173, Oct. T., 1912, by defendant, from judgment of C. P. No. 1, Pbila. Co., June T., 1910, No. 3,003, on verdict fot plaintiff in case of Edward F. Fonder v. Meyer Rosenstein. Assumpsit to recover moneys paid out for the benefit of defendant. Before Kinsey, J. The pleadings and evidence are fully set forth in the opinion of the Superior Court. Verdict and judgment for plaintiff for $447.20. Defendant appealed.
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Appeal, No. 173, Oct. T., 1912, by defendant, from judgment of C. P. No. 1, Pbila. Co., June T., 1910, No. 3,003, on verdict fot plaintiff in case of Edward F. Fonder v. Meyer Rosenstein. Assumpsit to recover moneys paid out for the benefit of defendant. Before Kinsey, J. The pleadings and evidence are fully set forth in the opinion of the Superior Court. Verdict and judgment for plaintiff for $447.20. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion bt
Morrison, J.,
In this action of assumpsit the plaintiff, a general contractor and builder doing business in Philadelphia, sets forth his cause of action in his declaration as follows:
“Plaintiff avers and says that on the 22d day of February, 1910, the defendant called at plaintiff’s office, having in his possession part of the blue prints and specifications for an apartment house to be erected at 44th and Walnut streets, Philadelphia, Pa., for defendant, who stated that he had the money to build the said apartment house, and asked plaintiff to give him an estimate for which plaintiff…
2Cases cited4 opinions
- Commonwealth ex rel. Dysart v. M'WilliamsSupreme Court of Pennsylvania · 1849
- Quick v. MillerSupreme Court of Pennsylvania · 1883
- Bailey v. Pittsb. Coal R.Supreme Court of Pennsylvania · 1891
- Gates v. JohnstonSupreme Court of Pennsylvania · 1846
3Cited by1 opinion
- Kennedy v. Rothrock Co.Supreme Court of Pennsylvania · 1918