Legal Opinion

Holt v. Pie

Supreme Court of Pennsylvania

Decided May 21, 1888No. 102PublishedCited by 13 opinions

ERROR TO THE COURT OF COMMON PLEAS OE CLEARFIELD COUNTY. No. 102 July Term 1886, Sup. Ct.; court below, No. 185 May Term 1885, C. P. On March 9,1885, an action in assumpsit was brought by J. J. Pie, surviving partner of Pie & Gamier, against D. W. Holt, to recover the value of 270,743 feet of hemlock lumber, sold and delivered at $8 per thousand, under a special contract claimed to have been made in July, 1881.

1Opinion of the Court

Opinion,

Mr. Justice Williams:

The objection to the admission of the copy of the account of the Sargeant Lumber Company against Pie, as evidence in this action brought by Pie against Holt, was well taken. The action was brought by Pie to recover for lumber delivered to Holt under a contract. It was necessary to prove the quantity of the lumber so delivered, and for this purpose an account kept by the Sargeant Lumber Company, showing the quantity of lumber furnished by the company to Pie, was offered and received. If the same carloads of lumber were sent to Holt from *439the yard of the lumber…

2Cited by13 opinions

  1. Joseph v. RichardsonSuperior Court of Pennsylvania · 1896
  2. Eaton v. BlackburnOregon Supreme Court · 1908
  3. Phœnix Iron & Steel Co. v. Wilkoff Co.Court of Appeals for the Sixth Circuit · 1918
  4. Christman v. MartinSuperior Court of Pennsylvania · 1898
  5. Dougherty v. BriggsSupreme Court of Pennsylvania · 1911

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