Riley v. Kahan
Superior Court of Pennsylvania
Appeal, No. 87, Oct. T., 1917, by plaintiff, from judgment of O. P. No. 5, Philadelphia Co., March T., 1913, No. 5321, for defendant n. o. v. in case of J. T. Riley v. David Kalian. Assumpsit for goods sold and delivered. Before Staples, P. J., specially presiding. The facts appear by the opinion of the Superior Court.
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Appeal, No. 87, Oct. T., 1917, by plaintiff, from judgment of O. P. No. 5, Philadelphia Co., March T., 1913, No. 5321, for defendant n. o. v. in case of J. T. Riley v. David Kalian. Assumpsit for goods sold and delivered. Before Staples, P. J., specially presiding. The facts appear by the opinion of the Superior Court. Verdict for'plaintiff for $299.37. The court in an opinion by Martin, P. J., entered judgment for defendant n. o. v. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Kephart, J.,
This is an action brought to recover an amount due for lumber sold to Goldman, a contractor, and delivered at the property owned by the defendant. The statement of claim avers an oral undertaking of the defendant to pay for the lumber so delivered. The defendant resists this claim and contends that the promise, if made, is within the Act of April 26,1855,. P. L. 308. The defend*417ant had a contract with Barney Goldman to make certain improvements to his property. Under the terms of the agreement, the defendant agreed to deposit $600 with John Cadwalader, Jr., as stakeholder…
2Cases cited7 opinions
- Nugent v. WolfeSupreme Court of Pennsylvania · 1886
- Delp v. Bartholomay Brewing Co.Supreme Court of Pennsylvania · 1888
- Justice v. TallmanSupreme Court of Pennsylvania · 1878
- Stoudt v. HineSupreme Court of Pennsylvania · 1863
- Howes v. McCreaSuperior Court of Pennsylvania · 1902
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