Big Spring Electric Co. v. Kitzmiller
Supreme Court of Pennsylvania
Appeal, No. 286, Jan. T., 1920, by defendants, from judgment of C. P. Cumberland Co., Feb. T., 1919, No. 121, on verdict for plaintiff in case of Big Spring Electric Co. v. S. M. Kitzmiller and E. J. Kitzmiller, trading as S. M. Kitzmiller & Bro. Assumpsit to recover balance alleged to be due for bonds sold and delivered. Before McPherson, P. J., specially presiding. Tbe opinion of the Supreme Court states the facts.
Read the full summary
Appeal, No. 286, Jan. T., 1920, by defendants, from judgment of C. P. Cumberland Co., Feb. T., 1919, No. 121, on verdict for plaintiff in case of Big Spring Electric Co. v. S. M. Kitzmiller and E. J. Kitzmiller, trading as S. M. Kitzmiller & Bro. Assumpsit to recover balance alleged to be due for bonds sold and delivered. Before McPherson, P. J., specially presiding. Tbe opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $50,540.25. Defendants appealed. Errors assigned were instructions, quoting them.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff sued to recover the balance of the purchase price of $50,000 of corporate bonds of plaintiff company sold to defendants under an alleged agreement, whereby defendants were to pay par for the first $20,000 and ninety cents on the dollar for the next $30,000. Plaintiff’s statement acknowledged payments on account to the extent of $4,090.48, including an item of $1,000 for a tract of land purchased from one Daniel Heller. The *37affidavit of defense denied the first $20,000 of bonds were to be paid for in cash at par and averred plaintiff agreed to deliver…
2Cases cited4 opinions
- Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
- Sauer v. School DistrictSupreme Court of Pennsylvania · 1914
- Wright v. Pipe Line Co.Supreme Court of Pennsylvania · 1882
- Guarantee Title & Trust Co. v. Dilworth Coal Co.Supreme Court of Pennsylvania · 1912
3Cited by7 opinions
- McCandless v. FurlaudSupreme Court of the United States · 1935
- Houghten v. Restland Memorial Park, Inc.Supreme Court of Pennsylvania · 1941
- Zweifach v. SCRANTON LACE COMPANYDistrict Court, M.D. Pennsylvania · 1957
- United Security Life Insurance v. BrownSupreme Court of Pennsylvania · 1921
- Bingaman v. Commonwealth Trust Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1926
2 more not listed; retrieve them via the Exa API.