Legal Opinion

Ruple ex rel. Lewis v. Bindley

Supreme Court of Pennsylvania

Decided October 27, 1879No. 168PublishedCited by 15 opinions

Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 168. Assumpsit by James L. Ruple, for use of Amos Lewis, against John C._ Bindley. The facts were these: James L. Ruple was a stair-builder; Amos Lewis was the proprietor of a planing-mill and lumber yard in the city of Pittsburgh; John C. Bindley was a builder and contractor.

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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 168. Assumpsit by James L. Ruple, for use of Amos Lewis, against John C._ Bindley. The facts were these: James L. Ruple was a stair-builder; Amos Lewis was the proprietor of a planing-mill and lumber yard in the city of Pittsburgh; John C. Bindley was a builder and contractor. In June 1877, Bindley was erecting a building in Pittsburgh, and Ruple made a bid to Bindley to put up the stairs for him. Bindley agreed to accept his bid at $133, provided Ruple would allow credit .for $28.12, the…

1Opinion of the CourtJustice Trunkey

The evidence was amply sufficient to warrant a jury in finding that Ruple contracted to build a flight of stairs for Bindley for $133, Bindley' to first pay out of said sum $28.15 which Ruple owed -to England & Bindley; that the order for $104.85 was given for the balance of the contract price, in consideration that *299Lewis would furnish Ruple with material and money to enable him to do the work, and they were so furnished; that Bindley had notice of the order about the time the work was commenced and before he had paid anything to Ruple; and that Bindley paid $82 to Boyd on an order given…

2Cases cited3 opinions

  1. Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
  2. Nesmith v. DrumSupreme Court of Pennsylvania · 1844
  3. Sharpless v. WelshSupreme Court of the United States · 1803

3Cited by15 opinions

  1. Whelen v. PhillipsSupreme Court of Pennsylvania · 1892
  2. Elliott v. LeslieCourt of Appeals of Kentucky · 1907
  3. Moeser v. SchneiderSupreme Court of Pennsylvania · 1893
  4. Provident Trust Co. v. Metropolitan Casualty Ins. Co.Court of Appeals for the Third Circuit · 1945
  5. Adelman v. Centaur Corp.Court of Appeals for the Sixth Circuit · 1944

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