National Freight Bureau v. D. B. Martin Co.
Superior Court of Pennsylvania
Appeal, No. 36, Oct. T., 1915, by defendant, from judgment of Municipal Court, Philadelphia Co., March T., 1914, No. 39, on case tried by the court without a jury in suit of National Freight Bureau to use of Edward Norton Getzler, trading as National Freight Bureau, v. D. B. Martin Company. Assumpsit on a written contract.
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Appeal, No. 36, Oct. T., 1915, by defendant, from judgment of Municipal Court, Philadelphia Co., March T., 1914, No. 39, on case tried by the court without a jury in suit of National Freight Bureau to use of Edward Norton Getzler, trading as National Freight Bureau, v. D. B. Martin Company. Assumpsit on a written contract. Before Cassidy, J. The contract upon which the suit was based was as follows : National Freight Bureau Auditors of Freight Bills Greenwich and Warren Street. No. B. A. 4227. New York, N. Y. Philadelphia, Pa., Oct. 3, 1911. For the auditing of the undersigned’s freight bills…
1Opinion of the Court
Opinion by
Rice, P. J.,
This action of assumpsit was founded on a written contract whereby the defendant agreed to pay the plaintiff one cent for each freight bill examined and audited by the latter, and 50% of all moneys refunded by the transportation companies to the defendant through this audit of the freight bills. The case being at issue, and jury trial waived, the counsel filed and submitted to the court, in place of evidence, a writing erroneously called a case stated, in which were set forth the facts to which the witnesses would testify followed by a stipulation that if the court…
2Cases cited3 opinions
- Dalmas v. KembleSupreme Court of Pennsylvania · 1906
- Schuylkill County v. ShoenerSupreme Court of Pennsylvania · 1903
- Williamsport v. Lycoming CountySupreme Court of Pennsylvania · 1907