Legal Opinion

Miller v. Kullesowicz

Superior Court of Pennsylvania

Decided October 11, 1909No. Appeal, No. 12Published

Appeal, No. 12, March T. 1909, by defendant, from judgment of C. P. Luzerne Co., May T., 1906, No. 701, on verdict for plaintiff in case of Gilbert Miller v. Frances Kullesowicz. Assumpsit for work done. Before Fuller, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $118.28, Defendant appealed. Error assigned among others was refusal of binding instructions for defendant.

1Opinion of the Court

Opinion by

Porter, J.,

The plaintiff brought this action of assumpsit to recover for work done by him in the erection of a house upon a lot of ground owned by this defendant, who is a married woman. The action was originally brought against Frances Kullesowicz, this de*40fendant, Frank Kullesowicz, her husband, and John F. Boyle. The original statement filed averred that this defendant and her husband Frank Kullesowicz were the owners of the lot of land qn which the building was erected and that this plaintiff did the plastering and other work upon the building at the special instance and request…

2Cases cited5 opinions

  1. Bevan v. ThackaraSupreme Court of Pennsylvania · 1891
  2. Bellas v. FagelySupreme Court of Pennsylvania · 1852
  3. Einstein v. JamisonSupreme Court of Pennsylvania · 1880
  4. Collins v. SmithSupreme Court of Pennsylvania · 1875
  5. Chorpenning v. RoyceSupreme Court of Pennsylvania · 1868

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