Chalfant v. Williams
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill county. This was an attachment execution, issued on a judgment in favour of Hibbert Chalfant against John Odgers, and served on Roderick R. Williams and others, trading as Edward Davis & Co., as garnishees. The garnishees pleaded “ nulla bona.”
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Error to the Common Pleas of Schuylkill county. This was an attachment execution, issued on a judgment in favour of Hibbert Chalfant against John Odgers, and served on Roderick R. Williams and others, trading as Edward Davis & Co., as garnishees. The garnishees pleaded “ nulla bona.” On the trial, the plaintiff gave in evidence the following agreement between the defendant and the garnishees, and claimed that under it there was due to the defendant from the garnishees, the sum of $1681.20. “Agreement made and concluded the 20th day of September A. D. 1854, between John Odgers, of the township…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The sole question on this record is, whether the testimony of Seymour D. Ball varied or contradicted anything contained in the agreement of 20th September 1854, between *215John Odgers of the one part, and the defendants of the other part. It was an agreement, whereby Odgers sold to the defendants a coal lease and fixtures which he held, in consideration whereof they were to pay him ’ $4000, in the following manner: — $600 down, $216.62 in.a note at thirty days, and fifty cents for each and every ton taken from said colliery, until the sum of…
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