Good Roads Machinery Co. v. Union Township
Supreme Court of Pennsylvania
Appeal, No. 75, April T., 1907, by plaintiff, from judgment of C. P. Lawrence Co., Sept. T., 1904, No. 123, on verdict for defendant in case of the Good Roads Machinery Company v. The Township of Union, William Botham and Ira Gibson, supervisors. Assumpsit to recover the price of a rock crusher. Before Porter, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 75, April T., 1907, by plaintiff, from judgment of C. P. Lawrence Co., Sept. T., 1904, No. 123, on verdict for defendant in case of the Good Roads Machinery Company v. The Township of Union, William Botham and Ira Gibson, supervisors. Assumpsit to recover the price of a rock crusher. Before Porter, P. J. The facts are stated in the opinion of the Superior Court. When William Botham, one of the supervisors, was on the ' stand, he was asked this question : “ Q. Was that a satisfactory test to you of the ability of that machine to do its work as the contract provided ? ” Objected to…
1Opinion of the Court
Opinion By
Rice, P. J.,
In November, 1902, William Botham and Lawrence Trues-dell, the two supervisors of the defendant township, and acting as such, signed and delivered to T. L. McKean, the plaintiff’s agent, an order to ship to them as soon as possible a No. 4 Champion rock crusher, on the following conditions: “ On the arrival of said rock crusher at the above-named R. R. station, the undersigned hereby agree to set up the crasher and there work it under the directions of the Good Roads Machinery Company’s agent, unless otherwise agreed; when if the said crusher does work as warranted on…
2Cases cited13 opinions
- Thomas & Sons v. Loose, Seaman & Co.Supreme Court of Pennsylvania · 1886
- Juniata Building & Loan Ass'n v. HetzelSupreme Court of Pennsylvania · 1883
- Spencer v. ColtSupreme Court of Pennsylvania · 1879
- Cullmans v. LindsaySupreme Court of Pennsylvania · 1886
- Cooper & Grove v. Lampeter TownshipSupreme Court of Pennsylvania · 1839
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