Reaney v. Culbertson
Supreme Court of Pennsylvania
Error to the Common Pleas of Union county. This was an action of assumpsit by Heaney, Neafie, and Levey, as partners, v. John Culbertson, Benjamin Griffey, and Charles Gudykunst, founded on two promissory notes, dated September 2, 1851; one for $637.50, at four months, on which was endorsed a credit of $500.00 on 28th January, 1852; and the other for $337.50, at six months. The plea was, payment with leave; and, subsequently, set-off.
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Error to the Common Pleas of Union county. This was an action of assumpsit by Heaney, Neafie, and Levey, as partners, v. John Culbertson, Benjamin Griffey, and Charles Gudykunst, founded on two promissory notes, dated September 2, 1851; one for $637.50, at four months, on which was endorsed a credit of $500.00 on 28th January, 1852; and the other for $337.50, at six months. The plea was, payment with leave; and, subsequently, set-off. The plaintiffs were manufacturers of steam-engines, in PhiladeL phia. In February, 1851, two of the defendants applied to them for a steam-engine for a…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
— The fundamental error in this record consisted in referring to the jury the construction of the agreement of the 22d February, 1851. That led to the erroneous admission of the •evidence in the fifth bill of exceptions, and to the exceptionable instructions of the Court on the measure of damages.
The plaintiffs called on the Court to say that, under the agreement, they “ were not hound to superintend the putting up of the foundations for the engine and boilers.” This raised a question of construction, which according to all the authorities…
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