Phillips v. Allegheny Car Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1875, No. 256. This was an action on the case, brought by John 0. Phillips and William Mittenzwey, trading as Phillips & Mittenzwey, against the Allegheny Car and Transportation Company, to recover in money the amount due on a contract to deliver lumber and take part pay therefor in stock of the defendant company.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1875, No. 256. This was an action on the case, brought by John 0. Phillips and William Mittenzwey, trading as Phillips & Mittenzwey, against the Allegheny Car and Transportation Company, to recover in money the amount due on a contract to deliver lumber and take part pay therefor in stock of the defendant company. The case was thus: Mr. D. C. Phillips, who was treasurer of the company, with the authority from the company to purchase lumber, went, in 1873, to his brother, one of the plaintiffs, and…
1Opinion of the CourtJustice Paxson
A reserved point must be based upon certain facts admitted in the cause or found by the jury. In this case the facts are admitted; expressly stated to be so in the point itself. The court below entered judgment on the reserved question for the defendant, and judgment on the verdict, which is assigned here for error.
The case was tried below upon the theory that the contract was conditional, and that the right of the defendants to pay for one-half the lumber in stock of the defendant corporation depended upon their prompt payment in cash for the other half. But the facts as set forth in the…
2Cases cited3 opinions
- Arnold v. Suffolk BankNew York Supreme Court · 1857
- Hardy v. MerriweatherIndiana Supreme Court · 1860
- Fleming v. PotterSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Goodwin v. HecklerSupreme Court of Pennsylvania · 1916
- Weaver v. Consumers' Box Board & Paper Co.Supreme Court of Pennsylvania · 1914