Lewis v. Culbertson
Supreme Court of Pennsylvania
IN ERROR. The defendant in error, who was plaintiff below, brought suit in the Court of Common Pleas of Chester county, against the plaintiff in error, in which he declared in indebitatus assumpsit for goods sold and delivered. The pleas were non assumpsit and payment.
Read the full summary
IN ERROR. The defendant in error, who was plaintiff below, brought suit in the Court of Common Pleas of Chester county, against the plaintiff in error, in which he declared in indebitatus assumpsit for goods sold and delivered. The pleas were non assumpsit and payment. On the trial, the plaintiff after having proved the sale of sundry goods by his intestate, Isaac W. Vanlear, to the firm of Lewis §* Long, offered to prove the sale of grain growing in the ground, at the time of sale. To this the counsel for the defendant objected. The court overruled the objection and sealed a bill of…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The first exception, in the natural order, to the proceedings in this cause is, the the admission of evidence of the sale of a growing crop, on a count of indebitatus assumpsit for goods, wares, and merchandize, sold and delivered. It was said by' Lord Holt, to be the act of a very bold man who first declared in indebitatus assumpsit generally for goods, &c. sold and delivered. This action had many difficulties to encounter in its infancy. At first it was held not to lie against an executor; at length this was got over, for this extraordinaiy…
2Cases cited1 opinion
- Weigley's administrators v. WeirSupreme Court of Pennsylvania · 1821
3Cited by2 opinions
- Harris v. PearceAppellate Court of Illinois · 1880
- Irwin v. PotterSupreme Court of Pennsylvania · 1834