Cullmans v. Lindsay
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of January Term 1886, No. 847. Appeal of Joseph Cullmans et al. from the judgment of a Justice of the Peace in favor of James Lindsay, plaintiff in the action. The narr filed contained the common counts with a special count on a contract alleging a loss of one hundred and fifty dollars caused by a re-sale of leaf tobacco. Plea, non assumpsit.
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Error to the Court of Common Pleas of Lancaster county: Of January Term 1886, No. 847. Appeal of Joseph Cullmans et al. from the judgment of a Justice of the Peace in favor of James Lindsay, plaintiff in the action. The narr filed contained the common counts with a special count on a contract alleging a loss of one hundred and fifty dollars caused by a re-sale of leaf tobacco. Plea, non assumpsit. The facts as they appeared in the trial before Patterson, J. sufficiently appear in the opinion of the Supreme Court. The defendants asked Morin, one of their witnesses, inter alia: “Have you…
1Opinion of the CourtJustice Clark
This suit was brought to recover the contract price of a certain lot of tobacco, sold by the plaintiffs to the defendants. At the time of the purchase, an agreement partly printed, and partly written, was executed as follows :—
“ April 18th, 1883.”
“This is to certify that I have this day sold my interest in two acres of tobacco to A. S. Rosenbaum & Co. First wrappers at 14 cents; second wrappers at 4 cents; seconds at 4 cents; fillers at 3 cents; to be well selected and free of all damage, such as hail-cut, shed-burnt, fat stems, ragged tobacco, or water casing, and to be delivered in…
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