Cloyd v. Reynolds
Superior Court of Pennsylvania
Appeal, No. 214, Oct. T., 1912, by defendant, from judgment of C. P. Huntingdon Co., May T., 1908, No. 23, on verdict for plaintiffs in case of Mary B. Cloyd, Executrix, and Roger Martin, Executor of the last will and Testament of D. M. Cloyd, deceased, v. H. P. Reynolds. Assumpsit to recover the value of a horse. Before Johnson, P. J., specially presiding. The facts appear by the opinion of the Superior Court, and by the former report of the case in 44 Pa.
Read the full summary
Appeal, No. 214, Oct. T., 1912, by defendant, from judgment of C. P. Huntingdon Co., May T., 1908, No. 23, on verdict for plaintiffs in case of Mary B. Cloyd, Executrix, and Roger Martin, Executor of the last will and Testament of D. M. Cloyd, deceased, v. H. P. Reynolds. Assumpsit to recover the value of a horse. Before Johnson, P. J., specially presiding. The facts appear by the opinion of the Superior Court, and by the former report of the case in 44 Pa. Superior Ct. 81. At the trial the court under exception refused to admit in evidence the books of Trexler Bros. & Co. to show that the…
1Opinion of the Court
Opinion by
Rice, P. J.,
In January, 1902, D. M. Cloyd, the original plaintiff, delivered to the defendant, in Virginia, a horse to be sold by the latter on commission. By the terms of the agreement, the animal was to be sold for such price as the defendant should deem fit “so that the colt shall pay to *369D. M. Cloyd the full sum of $500 and whatever part of the profits over that amount that is mutually satisfactory.” The defendant brought the horse to Huntingdon county, Pennsylvania, and in February, 1902, sold him to the firm of Trexler Bros. & Co. for $700. Soon thereafter the horse was shipped…
2Cases cited8 opinions
- Smith v. BlachleySupreme Court of Pennsylvania · 1901
- Sankey v. McEleveySupreme Court of Pennsylvania · 1883
- Harvey v. Turner & Co.Supreme Court of Pennsylvania · 1833
- Trexler v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1905
- Cloyd v. ReynoldsSuperior Court of Pennsylvania · 1910
3 more not listed; retrieve them via the Exa API.