Burton v. Trainer
Superior Court of Pennsylvania
Appeal, No. 206, Oct. T., 1904, by plaintiff, from judgment of C. P. Del. Co., March T., 1903, No. 166, for defendant non obstante veredicto in case of Edward C. Burton v. T. Woodward Trainer. Assumpsit to recover a share of the proceeds of a sale of real and personal property. Before Johnson, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $876.67, subject to question of law reserved.
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Appeal, No. 206, Oct. T., 1904, by plaintiff, from judgment of C. P. Del. Co., March T., 1903, No. 166, for defendant non obstante veredicto in case of Edward C. Burton v. T. Woodward Trainer. Assumpsit to recover a share of the proceeds of a sale of real and personal property. Before Johnson, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $876.67, subject to question of law reserved. The court subsequently entered judgment for defendant non obstante veredicto on the ground that assumpsit was not the proper remedy. Error assigned was in entering…
1Opinion of the Court
Opinion by
Beater, J.,
Plaintiff sought to recover in assumpsit from defendant, upon an agreement in writing made by and among four different persons representing individual and distinct interests, in and by which it is provided:
“ Whereas the said parties of the first, second, third and fourth parts have this day bought from the receiver of D. Trainer & Sons Mfg. Co., bankrupt, certain real estate and personal property:
“ And whereas it is the intention and purpose of this agreement that all of the parties hereto shall have the same property and estate in all of the property purchased from said…
2Cases cited7 opinions
- Graham v. CummingsSupreme Court of Pennsylvania · 1904
- Canfield v. Johnson, Pennsylvania Court of Common Pleas, Tioga County1891
- Gillis v. M'KinneySupreme Court of Pennsylvania · 1843
- Wright v. CumpstySupreme Court of Pennsylvania · 1861
- Bredin v. DwenSupreme Court of Pennsylvania · 1833
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Swartz v. BibenSuperior Court of Pennsylvania · 1925
- Horine v. MengelSuperior Court of Pennsylvania · 1906