Dixon v. Breon
Superior Court of Pennsylvania
Appeal, No. 119, Oct. T., 1902, by defendant, from judgment of C. P. Clearfield Co., May T., 1901, No. 220, on verdict for plaintiff in case of Jerome R. Dixon v. George B. Breon. Assumpsit for lumber sold to defendant. At tbe trial it appeared that plaintiff claimed to recover not only for lumber actually delivered but also for lumber which had been cut, but was destroyed by fire before delivery, and also for work and labor done.
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Appeal, No. 119, Oct. T., 1902, by defendant, from judgment of C. P. Clearfield Co., May T., 1901, No. 220, on verdict for plaintiff in case of Jerome R. Dixon v. George B. Breon. Assumpsit for lumber sold to defendant. At tbe trial it appeared that plaintiff claimed to recover not only for lumber actually delivered but also for lumber which had been cut, but was destroyed by fire before delivery, and also for work and labor done. The court refused to allow for the lumber not delivered. Defendant made the following offer: ' It is proposed to prove by defendant himself that he is the party of…
1Opinion of the Court
Opinion by
Oklady, J.,
This action of assumpsit was brought to recover a balance claimed to be due on four timber contracts, and for goods sold and delivered, work and labor done, services rendered, and for money had and received by the defendant in carrying out the lumbering operations referred to in the contracts. The assignments of error relate to the exclusion of evidence offered by the defendant through which he claimed the right to set off certain losses which had resulted from the plaintiff’s failure to comply with the terms of his contract, dated February 19,1901. Under this contract…
2Cases cited18 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- Walker v. TuckerIllinois Supreme Court · 1873
- Hoy v. HoltSupreme Court of Pennsylvania · 1879
- Hand v. BaynesSupreme Court of Pennsylvania · 1839
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- West v. Peoples First National Bank & Trust Co.Supreme Court of Pennsylvania · 1954
- Book's EstateSupreme Court of Pennsylvania · 1929
- William F. Mosser Co. v. Cherry River Boom & Lumber Co.Supreme Court of Pennsylvania · 1927
- Rohr v. LoganSuperior Court of Pennsylvania · 1965
- Wartanian's EstateSupreme Court of Pennsylvania · 1931
3 more not listed; retrieve them via the Exa API.