Laubach v. Laubach
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: No. 152, to July Term 1872. This was an action of assumpsit, brought April 22d 1870, by Thomas Laubach against Joseph Laubach.
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Error to the Court of Common Pleas of Lehigh county: No. 152, to July Term 1872. This was an action of assumpsit, brought April 22d 1870, by Thomas Laubach against Joseph Laubach. The plaintiff alleged that in August 1858 he bought from the defendant, his brother, 100 shares of the capital stock of the Brown Silver Mining Company for $5000, the defendant agreeing at the time, as part of the contract, to take it back if the plaintiff should desire it and repay the sum paid for it. . The plaintiff having tendered the stock and demanded the repayment, the defendant refused, and this suit was…
1Opinion of the Court
The opinion of the court was delivered, March 27th 1873, by
Sharswood, J.
The first assignment of error is intended to raise the question, whether the instruction of the learned judge *392below to the jury, as to the measure of damages, was correct. There was no dispute as to the amount which the plaintiff had paid for the stock, nor that he had made a regular and formal tender of it back to the defendant, and demanded the return of the money, or a note, in conformity with the agreement. The plaintiff in error supposes that the same rule is applicable in this case as in the ordinary case of the…
2Cases cited1 opinion
- Smethurst v. WoolstonSupreme Court of Pennsylvania · 1842
3Cited by3 opinions
- Murray v. FrickSupreme Court of Pennsylvania · 1923
- Dohs v. KerfootSupreme Court of Minnesota · 1931
- McNeeley v. Bookmyer, Pennsylvania Court of Common Pleas, Philadelphia County1927