Allison v. Montgomery
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term, 1884, No. 58. Assumpsit, by James G. Allison against Thomas Montgomery to recover the price of a mowing machine and thirty-live bushels of wheat; also damages alleged to have resulted from the breach of a parol gift of land, by defendant, to plaintiff and wife.
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Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term, 1884, No. 58. Assumpsit, by James G. Allison against Thomas Montgomery to recover the price of a mowing machine and thirty-live bushels of wheat; also damages alleged to have resulted from the breach of a parol gift of land, by defendant, to plaintiff and wife. On the trial, before Kirkpatrick, J., it appeared from the testimony of the plaintiff, who was defendant’s son-in-law, that he went upon the defendant’s property to farm it for one half the crops, and, with his wife lived with the defendant in…
1Opinion of the CourtJustice Gordon
November 10th, 1884.
*459This was an action of assumpsit brought by the plaintiff, James G. Allison, against Thomas Montgomery, for the recovery of the price of a mowing machine, some fifteen bushels of wheat, and also for damages alleged to have resulted to the plaintiff, from the breach, by the defendant, of a parol gift of a lot of land. On the trial of the case, after hearing the evidence produced on part of the plaintiff, the court below held, that it was not sufficient to sustain the action, and directed a verdict for the defendant. In this, notwithstanding the able argument of the counsel…
2Cited by9 opinions
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- Roberts v. RoeschSupreme Court of Pennsylvania · 1932
- Stephens v. BarnesSuperior Court of Pennsylvania · 1906
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