Legal Opinion

Light v. Miller

Superior Court of Pennsylvania

Decided February 26, 1909No. Appeal, No. 145PublishedCited by 4 opinions

Appeal, No. 145, Oct. T., 1908, by defendants, from judgment of C. P. Lebanon Co., March T., 1905, No. 163, on verdict for plaintiff in case of Daniel S. Light v. Levi F. Miller and Edwin Wolfe, trading as Miller & Wolfe. Assumpsit on a written contract. Before Ehrgood, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $242.78. Defendant appealed.

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Appeal, No. 145, Oct. T., 1908, by defendants, from judgment of C. P. Lebanon Co., March T., 1905, No. 163, on verdict for plaintiff in case of Daniel S. Light v. Levi F. Miller and Edwin Wolfe, trading as Miller & Wolfe. Assumpsit on a written contract. Before Ehrgood, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $242.78. Defendant appealed. Errors assigned were in the following form: 1. The court erred in refusing the defendants' fourth point, the point and answer of the court being as follows: 4. Under all the evidence in this case…

1Opinion of the Court

Opinion by

Morrison, J.,

On December 14, 1903, the plaintiff and defendants entered into a written agreement signed, sealed and delivered on that date. Portions of it material to be considered here are as follows: “The said Edwin Wolfe and Levi S. Miller, parties of the second part agrees to pay to Daniel S. Light, party of the first part the sum of $1,440 for the timber on tract No. one or lower tract, saw-mill, shingle mill, engine and boiler, the extra shaft the cord wood that is cut and logs that are cut, the shingle packer and all the tools that belong to said saw-mill, the above tract is…

2Cases cited5 opinions

  1. First National Bank v. GrahamSupreme Court of Pennsylvania · 1875
  2. Todd v. FigleySupreme Court of Pennsylvania · 1838
  3. Harvey v. VandegriftSupreme Court of Pennsylvania · 1879
  4. Thompson v. KaufmanSuperior Court of Pennsylvania · 1899
  5. King v. New York & Cleveland Gas Coal Co.Supreme Court of Pennsylvania · 1903

3Cited by4 opinions

  1. American Enka Company, in No. 82-1080 v. Wicaco MacHine Corp. American Enka Company v. Wicaco MacHine Corp., in No. 82-1109Court of Appeals for the Third Circuit · 1982
  2. Schell v. Miller North Broad Storage Co.Superior Court of Pennsylvania · 1940
  3. Keiser v. Reading Suburban Real Estate Co.Superior Court of Pennsylvania · 1910
  4. Hoffman v. BuchananSuperior Court of Pennsylvania · 1924

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