Birkle v. Coleman
Superior Court of Pennsylvania
Appeal, No. 4, Feb. T., 1912, by defendant, from judgment of C. P. Lycoming Co.,.Sept. Term, 1910, No. 60, on verdict for plaintiff in case of John A. Birkle v. John Coleman. Trespass for trover and conversion of lumber. Omerod, P. J., specially presiding charged as follows: There is very little disputed facts in this case which is material to the determination of the question at issue.
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Appeal, No. 4, Feb. T., 1912, by defendant, from judgment of C. P. Lycoming Co.,.Sept. Term, 1910, No. 60, on verdict for plaintiff in case of John A. Birkle v. John Coleman. Trespass for trover and conversion of lumber. Omerod, P. J., specially presiding charged as follows: There is very little disputed facts in this case which is material to the determination of the question at issue. It is not disputed that on March 26, 1910, that by contract of sale this lumber in dispute was sold by James G. Shaw to John Birkle, the plaintiff in this case, and that a check of $300 at that time was paid…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s title to the lumber claimed by him rests on a contract in writing entered into by him with James G. Shaw, March 26, 1910, but the defendant’s evidence shows that the lumber belonged to his wife; that she owned the farm on which it was cut and that it was there at the time of the alleged sale. If this evidence states the fact the plaintiff was bound not only to prove his contract but to establish the authority of the husband to sell his wife’s property and as there was no written evidence of authority the question whether such agency existed was one of…
2Cases cited5 opinions
- Singer Manufacturing Co. v. ChristianSupreme Court of Pennsylvania · 1905
- Stephens v. GiffordSupreme Court of Pennsylvania · 1890
- White v. GunnSupreme Court of Pennsylvania · 1903
- Kelsey v. National Bank of Crawford Co.Supreme Court of Pennsylvania · 1871
- Porter v. PattersonSupreme Court of Pennsylvania · 1851
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- Cates & Shepard v. SeltzerSuperior Court of Pennsylvania · 1916
- Williams v. LeachSuperior Court of Pennsylvania · 1920