Dunham v. Rogers
Supreme Court of Pennsylvania
Error to the Common Pleas of Wayne county. This was an appeal by Dunham from the judgment of a justice of the peace, before whom Rogers brought suit against Dunham for the value of certain lumber, sold and appropriated to the use of the defendant. The evidence upon the trial below, somewhat curtailed, was this. On the part of the plaintiff, Robert Spencer testified as follows: — “ Plaintiff delivered ash plank at Bronson’s shop. They were worked up in the shop.
Read the full summary
Error to the Common Pleas of Wayne county. This was an appeal by Dunham from the judgment of a justice of the peace, before whom Rogers brought suit against Dunham for the value of certain lumber, sold and appropriated to the use of the defendant. The evidence upon the trial below, somewhat curtailed, was this. On the part of the plaintiff, Robert Spencer testified as follows: — “ Plaintiff delivered ash plank at Bronson’s shop. They were worked up in the shop. I suppose Dunham had the handles made out of theni. I put the amount down on Bronson’s book, which I handed in to Dunham’s store. The…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
* It is not alleged that this lumber was sold immediately to Dunham, and as it was furnished to Bronson and used by him, if Dunham is not liable tor the price of it as Bronson’s partner, he is not liable for it at all. Do the terms of their agreement make him liable for Bronson’s purchases to third persons ? Bronson let his storehouse, with the unenclosed ground, to Dunham, for the purposes of a store and lumber yard ; and agreed to furnish him wooden handles for shovels and other implements, made to order, out of Bronson’s stuff, and to…
2Cited by2 opinions
- Ryder v. JacobsSupreme Court of Pennsylvania · 1897
- Dehaven's EstateSupreme Court of Pennsylvania · 1915