Stoner v. Phillipi
Superior Court of Pennsylvania
Appeal, No. 48, April T., 1909, by defendants, from judgment of C. P. No. 4, Allegheny Co., Third Term 1907, No. 668, on verdict for plaintiffs in case of E.. C. Stoner and Josiah C. Thaw, doing business as Stoner, Thaw &. Company, Limited, v. B. N. Phillipi, Marshall Henderson and E. L. Sohns. Assumpsit to recover the price of a machine. Before Swearingen, P. J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 48, April T., 1909, by defendants, from judgment of C. P. No. 4, Allegheny Co., Third Term 1907, No. 668, on verdict for plaintiffs in case of E.. C. Stoner and Josiah C. Thaw, doing business as Stoner, Thaw &. Company, Limited, v. B. N. Phillipi, Marshall Henderson and E. L. Sohns. Assumpsit to recover the price of a machine. Before Swearingen, P. J. The facts appear by the opinion of the Superior Court. The court charged in part as follows: [The defense as to the making of the contract consists in this: The defendants introduced testimony to show that a corporation was…
1Opinion of the Court
Opinion by
Rice, P. J.,
Judging from the plaintiffs’ statement of claim this action of assumpsit was brought to recover the price of a machine manufactured by the plaintiffs for the defendants in accordance with a plan agreed upon by the parties, and duly delivered to and accepted by the defendants. Evidently anticipating the defense that would be set up, the plaintiffs further alleged in their statement, “that no corporation was ever spoken of, or men*122tioned to'it as the purchaser or party to the contract of sale; that it relied entirely upon the individual responsibility of the three…
2Cases cited9 opinions
- Commonwealth v. Standard Oil Co.Supreme Court of Pennsylvania · 1882
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Lasher v. Stimson, Pennsylvania Court of Common Pleas, Philadelphia County1892
- Delaware River Quarry & Construction Co. v. Bethlehem & Nazareth Passenger Railway Co.Supreme Court of Pennsylvania · 1902
- Blakeslee Manufacturing Co. v. HiltonSuperior Court of Pennsylvania · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bala Corporation v. McGlinnSupreme Court of Pennsylvania · 1928
- Hoffman Construction Co. v. ErwinSupreme Court of Pennsylvania · 1938
- Commonwealth v. NoldeSuperior Court of Pennsylvania · 1910
- Walsh v. HallsteadSuperior Court of Pennsylvania · 1940
- Commonwealth v. Andrews, Pennsylvania Court of Common Pleas, Philadelphia County1941
1 more not listed; retrieve them via the Exa API.