Legal Opinion

Birch v. Andrew's Mill Co.

Superior Court of Pennsylvania

Decided December 9, 1912No. Appeal, No. 48PublishedCited by 2 opinions

Appeal, No. 48, Oct. T., 1912, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1910, No. 470, on verdict for plaintiff in case of Arthur Birch, trading as The Arlington Machine Works, v. The Andrew’s Mill Company. Assumpsit for a machine sold and delivered. Before Audenried, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $798. Defendant appealed.

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Appeal, No. 48, Oct. T., 1912, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1910, No. 470, on verdict for plaintiff in case of Arthur Birch, trading as The Arlington Machine Works, v. The Andrew’s Mill Company. Assumpsit for a machine sold and delivered. Before Audenried, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $798. Defendant appealed. Error assigned among others was refusal of binding instructions for defendant.

1Opinion of the Court

Opinion by

Morrison, J.,

This is an action of assumpsit brought to recover the price of an Arlington cloth opener and folder which the plaintiff alleged he sold and delivered to the defendant in October, 1909. The learned court below submitted the case to the jury and the result was a verdict in favor of the plaintiff for $798, it being the contract price of the machine, with interest.

The appellant’s learned counsel has filed twenty-two specifications of error and on examination of the same we conclude that they are all in violation of the rules of this court, with the exception of the third,…

2Cases cited6 opinions

  1. Singerly v. ThayerSupreme Court of Pennsylvania · 1885
  2. Weigley v. Coffman, Pennsylvania Court of Common Pleas, Philadelphia County1891
  3. Seeley v. WellesSupreme Court of Pennsylvania · 1888
  4. Sidney Sch. Furniture Co. v. Warsaw Sch. DistrictSupreme Court of Pennsylvania · 1889
  5. Detrick v. SharrarSupreme Court of Pennsylvania · 1880

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3Cited by2 opinions

  1. Fred Lowenschuss Associates v. DePalloSuperior Court of Pennsylvania · 1980
  2. Fred Lowenschuss Associates v. DePalloSuperior Court of Pennsylvania · 1980

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