Durham v. Wick
Supreme Court of Pennsylvania
Appeal, No. 171, Oct. T., 1904, by defendant, from judgment of 0. P.. Butler Co.,. Sept. T., 1908, No. 12, on verdict for plaintiff in caso of E. A. Durham, Trustee in Bankruptcy of Estate of Amos Steelsmith v. L. C. Wick. Assumpsit for money had and received. Before Gal-lee ath, P. J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $2,690.93. Defendant appealed.
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Appeal, No. 171, Oct. T., 1904, by defendant, from judgment of 0. P.. Butler Co.,. Sept. T., 1908, No. 12, on verdict for plaintiff in caso of E. A. Durham, Trustee in Bankruptcy of Estate of Amos Steelsmith v. L. C. Wick. Assumpsit for money had and received. Before Gal-lee ath, P. J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $2,690.93. Defendant appealed. Errors assigned were various instructions and particularly the refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr Justice Potter,-
The appellant, L. C. Wick, prior to 1899, was the owner of a planing mill property in Butler, Pennsylvania. On or about January 10, 1899, he entered into a parol contract with Amos Steelsmith to convey to the latter a one-half interest in this property for $4,500. In pursuance of this contract Steel-smith gave Wick three promissory notes, payable in six, twelve and eighteen months, for $1,500 each. Wick retained possession of the entire property. Subsequently Steelmith paid one of the notes in full, and $500 on account of another, in all $2,000.
On March 25, 1901,…
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