Collins v. Smith
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: No. 74, to May Term 1875. This was an action of assumpsit, brought January 10th 1862, by Abraham Collins against Henry H. Smith. The declaration was in the common counts ; the defendant pleaded non-assumpsit, and payment with leave and set off.
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Error to the Court of Common Pleas of Lancaster county: No. 74, to May Term 1875. This was an action of assumpsit, brought January 10th 1862, by Abraham Collins against Henry H. Smith. The declaration was in the common counts ; the defendant pleaded non-assumpsit, and payment with leave and set off. The case was tried February 8th 1875, before Livingston, P. J. The plaintiff offered in evidence the following agreement under seal:— “Articles of agreement, made and entered into this 7th day of August a. d. 1857, between Abraham Collins, merchant, &c., of the one part, and James Murphy, of, &c.,…
1Opinion of the Court
Mr. Justice Shapes wood
delivered the- opinion of the court, May 17th 1875.
The action being indebitatus assumpsit, and the narr. containing a count for goods sold and delivered, the agreement of August 7th 1857, with the endorsement thereon, and the paper signed by the defendant, also endorsed thereon, was, we think, admissible in evidence as an executed contract for the purchase of the canal-boat named in the agreement, upon the terms therein specified. Giving entire assent to the contention of the defendant that he thereby entered into copartnership with the- original contractor, he made the…
2Cited by3 opinions
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- Mullen v. McGeaghSuperior Court of Pennsylvania · 1926
- Miller v. KullesowiczSuperior Court of Pennsylvania · 1909