Legal Opinion

Bounomo v. United Distiller's Co.

Superior Court of Pennsylvania

Decided July 14, 1921No. Appeal, No. 18PublishedCited by 4 opinions

Appeal, No. 18, April T., 1921, by defendant, from judgment of C. P. Erie County, Sept. T., 1918, No. 273, on verdict for plaintiff in the case of Tony Bounomo, use of Max Engelberg, v. United Distiller’s Company. Assumpsit for breach of contract. Before Whittelsey, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,187.60 and judgment thereon. Defendant appealed.

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Appeal, No. 18, April T., 1921, by defendant, from judgment of C. P. Erie County, Sept. T., 1918, No. 273, on verdict for plaintiff in the case of Tony Bounomo, use of Max Engelberg, v. United Distiller’s Company. Assumpsit for breach of contract. Before Whittelsey, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,187.60 and judgment thereon. Defendant appealed. Errors assigned were various rulings on evidence, the charge of the court, answers to points and refusal to grant a new trial. The court erred in submitting to the jury the question whether…

1Opinion of the Court

Opinion by

Keller, J.,

Four of the five assignments of error filed in this appeal do not conform to our rules. The first embraces more than one point, (Bule XIV); the second joins a remark of the judge made during the trial, to which no exception was taken, with a portion of the charge (Buies XIV and XV); the third does not contain a copy of the price lists or booklets the refusal of which as evidence is complained of, (Bule XVI); and the fifth does not set forth the motion for a new trial or the court’s action thereon, and is not self-sustaining: Vanderslice v. Donner, 26 Pa. Superior Ct. 319.…

2Cases cited4 opinions

  1. Forsyth v. North American Oil Co.Supreme Court of Pennsylvania · 1866
  2. Portland Ice Co. v. ConnorSuperior Court of Pennsylvania · 1904
  3. Vanderslice v. DonnerSuperior Court of Pennsylvania · 1904
  4. Goff-Kirby Coal Co. v. Marine Coal Co.Superior Court of Pennsylvania · 1906

3Cited by4 opinions

  1. Warren Tank Car Co. v. DodsonSupreme Court of Pennsylvania · 1938
  2. Parish Mfg. Corp. v. Martin-Parry Corp.Supreme Court of Pennsylvania · 1925
  3. Drake v. EmhoffSuperior Court of Pennsylvania · 1941
  4. Dilworth v. Brown & BigelowSuperior Court of Pennsylvania · 1937

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