Cloyd v. Reynolds
Superior Court of Pennsylvania
Appeal, No. 225, Oct. T., 1909, by plaintiff, from order of C. P. Huntingdon Co., May T., 1909, No. 23, refusing to take off nonsuit in case of D. M. Cloyd v. H. P. Reynolds. Assumpsit for money had and received from the sale of a horse. Before Woods, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 225, Oct. T., 1909, by plaintiff, from order of C. P. Huntingdon Co., May T., 1909, No. 23, refusing to take off nonsuit in case of D. M. Cloyd v. H. P. Reynolds. Assumpsit for money had and received from the sale of a horse. Before Woods, P. J. The facts are stated in the opinion of the Superior Court. At the trial the court refused to admit under objection and exception certain letters written by the defendant to the plaintiff, offered for the purpose of showing that the defendant had represented to the plaintiff that the horse in question had been killed on a railroad. The…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff, in January, 1902, at Dublin, Virginia, delivered to the defendant a stallion to be sold by the latter upon commission. The horse was to be taken by the defendant to his place of business in Huntingdon county, Pa., and there sold if a satisfactory price could be obtained. Reynolds, under the provisions of the written agreement, was to sell the horse “at a price that he deems fit so that the colt shall pay to D. M. Cloyd the full sum of five hundred dollars and whatever part of the profits over that amount is mutually satisfactory.” “In case of the death of…
2Cases cited3 opinions
- Smith v. BlachleySupreme Court of Pennsylvania · 1901
- Sankey v. McEleveySupreme Court of Pennsylvania · 1883
- Wickersham v. LeeSupreme Court of Pennsylvania · 1877
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- Barnes & Tucker Co. v. Bird Coal Co.Supreme Court of Pennsylvania · 1939
- Hall v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
- Hoagland v. MulfordSupreme Court of Pennsylvania · 1929
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