Clark v. Everhart
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Mereer county: No. 74, to October and November Term 1868. This was an action of covenant, brought August 12th 1867, by E. D. Satterfield and Abraham F. Everhart, trading as E. D. Satterfield & Co., and David Edeburn against William F. Clark and Warren Pearson.
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Error to the Court of Common Pleas of Mereer county: No. 74, to October and November Term 1868. This was an action of covenant, brought August 12th 1867, by E. D. Satterfield and Abraham F. Everhart, trading as E. D. Satterfield & Co., and David Edeburn against William F. Clark and Warren Pearson. On the trial, April 24th 1868, before Trunkey, P. J., the plaintiffs gave in evidence an article of agreement made December 12th 1865, between David Edeburn and E. D. Satterfield & Co., of the one-part, and W. F. Clark and Warren Pearson, of the other part; viz.: “The said David Edeburn, E. D.…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Thompson, C. J. —
Assuming, for argument sake, that the letter which the court withdrew, after its admission in evidence, contained the assertion of a fact in regard to the mill being in excellent order, and not an opinion merely, it would be but a single step in raising the defence proposed, to wit: that the defendants purchased on the faith of its representations, and were deceived. This the latter asserted the letter would not show, for peradventure it was not read at all by Pearson, and may not have been discussed by either at the…
2Cases cited1 opinion
- Fisher v. WorrallSupreme Court of Pennsylvania · 1843
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