Yoast v. Beatty
Superior Court of Pennsylvania
Appeal, No. 129, Oct T., 1899, by-defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1897, No. 231, on verdict for plaintiff. Assumpsit. Before Atjdenreid, J. It appears from the record that a statement was filed claiming $114, for damages for breach of contract for sale of land. The statement averred performance on part of plaintiff and nonperformance on part of defendant. Defendant pleaded non assumpsit, set-off, and payment with leave.
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Appeal, No. 129, Oct T., 1899, by-defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1897, No. 231, on verdict for plaintiff. Assumpsit. Before Atjdenreid, J. It appears from the record that a statement was filed claiming $114, for damages for breach of contract for sale of land. The statement averred performance on part of plaintiff and nonperformance on part of defendant. Defendant pleaded non assumpsit, set-off, and payment with leave. The court charged the jury as follows: This case involves no question of fact for your consideration. [Under any aspect of the case plaintiff is…
1Opinion of the Court
Opinion by
Rige, P. J.,
The matters assigned for error are the refusal of the court to direct a verdict for the defendant and the direction to render a verdict for the plaintiff. The plaintiff moved to quash the appeal for several reasons. We need notice but two. They are, first, because the stenographer’s report of the evidence is not authenticated in any way by the trial judge; second, because the record does not show affirmatively that the charge was excepted to and the court requested to file it before verdict.
The mode of bringing upon the record for the purposes of review the evidence and…
2Cases cited8 opinions
- Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
- Commonwealth ex rel. Arrott Steam Power Mills Co. v. ArnoldSupreme Court of Pennsylvania · 1894
- Connell v. O'NeilSupreme Court of Pennsylvania · 1893
- Heyer v. Cunningham Piano Co.Superior Court of Pennsylvania · 1898
- Harris v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- National Corporation v. Brown, Pennsylvania Court of Common Pleas, Philadelphia County1957
- Glenn v. StricklandSuperior Court of Pennsylvania · 1902
- R. Rothschild's Sons' Co. v. McLaughlinSuperior Court of Pennsylvania · 1900
- Warner v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1909