Spangler v. Springer
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was an action of trespass on the case, brought by John B. Springer v. Christian E. Spangler. A narr. was filed alleging a special parol contract, and setting out breaches thereof, and claiming damages.
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Error to the District Court, Philadelphia. This was an action of trespass on the case, brought by John B. Springer v. Christian E. Spangler. A narr. was filed alleging a special parol contract, and setting out breaches thereof, and claiming damages. The contract declared on in the third count of the narr. was in the terms stated in an agreement between the parties under seal, and also in a written agreement signed by the defendant alone, which was not under seal; it alleging an agreement made between the parties on the 1st March, 1848, on the terms stated in the sealed agreement, viz., at a…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
The first assignment is, that the Court erred in admitting in evidence the paper containing the agreement under seal, and the additional agreement between plaintiff and defendant.
The action is founded on these two agreements, and is necessarily in assumpsit. The third count in the plaintiff’s narr. lays *459them both as the substantive ground of recovery, or rather, as together constituting the contract of hiring in pursuance of which the services were rendered. As evidence, therefore, they were not irrelevant to the issue. Had the parol…
2Cases cited1 opinion
- Vicary v. MooreSupreme Court of Pennsylvania · 1834
3Cited by4 opinions
- Stucker v. ShumakerSupreme Court of Pennsylvania · 1927
- Esakovich, Exrs. v. GroudineSuperior Court of Pennsylvania · 1940
- McCauley v. KellerSupreme Court of Pennsylvania · 1889
- Fabel v. MayerSuperior Court of Pennsylvania · 1900