Birkhead v. Ward
Superior Court of Pennsylvania
Appeal, No. 139, Oct. T., 1907, by defendants, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1906, No. 1,043, overruling defendants’ demurrer to plaintiff’s statement, in case of Samuel J. Birkhead v. Mary Ward et al. Appeal from judgment of justice of the peace, The material portion of the transcript of the justice of the peace was as follows: Now, September 19, 1906, counsel of both parties appear.
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Appeal, No. 139, Oct. T., 1907, by defendants, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1906, No. 1,043, overruling defendants’ demurrer to plaintiff’s statement, in case of Samuel J. Birkhead v. Mary Ward et al. Appeal from judgment of justice of the peace, The material portion of the transcript of the justice of the peace was as follows: Now, September 19, 1906, counsel of both parties appear. Samuel J. Birkhead sworn, claims sum of $10.50 cost of repairing retaining wall belonging to defendants. F. S. Cantrell for defendants offered no defense and judgment was publicly given to…
1Opinion of the Court
Opinion by
Rice, P. J.,
The legislature in conferring jurisdiction on justices of the .peace of causes of action arising from contract, either express or implied, had in view those contracts which arise immediately out of a course of dealing between the parties, and not that sort of contract that arises remotely out of the compact.of government: Zeigler v. Gram, 13 S. & R. 102; Zell v. Arnold, 2 P. & W. 292; Schaffer v. McNamee, 13 S. & R. 44; Common*239wealth v. Reynolds, 17 S. & R. 367; Montgomery v. Poorman, 6 Watts, 384; Ellsworth v. Barstow, 7 Watts, 314; Seitzinger v. Steinberger, 12 Pa. 379;…
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