Hastings v. Speer
Supreme Court of Pennsylvania
Appeal, No. 176, April T., 1907, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. Term, 1898, No. 287, on verdict for plaintiff in' case of J. M. Hastings v. D. R. Speer trading as D. R. Speer & Company. Assumpsit for goods sold and delivered. See 15 Pa.
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Appeal, No. 176, April T., 1907, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. Term, 1898, No. 287, on verdict for plaintiff in' case of J. M. Hastings v. D. R. Speer trading as D. R. Speer & Company. Assumpsit for goods sold and delivered. See 15 Pa. Superior Gt.-115, The statement of claim was as follows: . Before me, the undersigned authority, personally came J. M. Hastings, who, being duly sworn, says that he has a just and legal claim against the defendant in the sum of $568.48, with interest thereon from February 1, 1896, the nature and character of which claim is as…
1Opinion of the Court
Opinion by
Rice, P. J.,
The appellant’s counsel rest his demand, for a reversal of the judgment upon two propositions: first, there was a variance between the plaintiff’s allegata and probata which entitled the defendant to binding instructions in bis favor; second, the contract upon which recovery was had being that the parties would share future losses in a transaction in which the plaintiff acted for both, it was a condition precedent to the right to sue for contribution that the plaintiff render to the defendant an account of the transaction and make a demand for the amount due, which he…
2Cases cited5 opinions
- Wilkinson Manufacturing Co. v. WeldeSupreme Court of Pennsylvania · 1900
- Ben Franklin Fire Insurance v. FlynnSupreme Court of Pennsylvania · 1881
- Leh v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1906
- Hale v. HaleSuperior Court of Pennsylvania · 1906
- Grubb v. Mahoning Navigation Co.Supreme Court of Pennsylvania · 1850
3Cited by4 opinions
- Pennsylvania Railroad v. PittsburghSupreme Court of Pennsylvania · 1939
- Stegmaier v. Keystone Coal Co.Supreme Court of Pennsylvania · 1909
- Carl v. Grand Union Co.Superior Court of Pennsylvania · 1932
- Dougherty v. DavisSuperior Court of Pennsylvania · 1912