Landis v. Royer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lebanon county: Of May Term 1868, No. 56. This was an action of assumpsit to January Term 1867, hy Christian Royer against Edwin Landis. It appeared that the defendant, his brother Abraham Landis, and Reuben Landis, were each erecting a house about the same time under a contract with Peter Wertz, tyho was to furnish all the materials. The lumber for all was procured from the plaintiff and charged indiscriminately to Wertz.
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Error to the Court of Common Pleas of Lebanon county: Of May Term 1868, No. 56. This was an action of assumpsit to January Term 1867, hy Christian Royer against Edwin Landis. It appeared that the defendant, his brother Abraham Landis, and Reuben Landis, were each erecting a house about the same time under a contract with Peter Wertz, tyho was to furnish all the materials. The lumber for all was procured from the plaintiff and charged indiscriminately to Wertz. That portion claimed in this suit was furnished between May 5th and September 21st 1865. Wertz was unable to pay, and this suit was…
1Opinion of the Court
The opinion of the court was delivered, May 27th 1868, by
Sharswood, J.
The plaintiff below, a lumber merchant, had. *98furnished materials for the erection of a house for the defendant, which had been built by Wertz under a special contract. It was submitted to the jury to say whether they were furnished at the defendant’s request or on his credit, or that of his building, and whether he afterwards expressly assumed to pay the bill. We have only to consider the errors which have been assigned.
The first is that the court excluded the testimony of a witness who was offered to show that he was…
2Cited by4 opinions
- Cincinnati Traction Co. v. ColeCourt of Appeals for the Sixth Circuit · 1919
- Midland Credit Co. v. WhiteSuperior Court of Pennsylvania · 1955
- Paul and Russell v. LevittiesSuperior Court of Pennsylvania · 1928
- Potter v. GreenbergSuperior Court of Pennsylvania · 1904