Whitaker v. Houghton
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1876, No. 53. Trover by Thomas Houghton against Robert Whitaker, to recover damages for the conversion of certain moulds, tools and materials for the manufacture of glassware. Plea, Not guilty.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1876, No. 53. Trover by Thomas Houghton against Robert Whitaker, to recover damages for the conversion of certain moulds, tools and materials for the manufacture of glassware. Plea, Not guilty. Whitaker owned a glass factory, which he let to Philip Keen for two years from March 1st 1870. Keen was working with Houghton under an agreement, and had received from the latter certain moulds and materials, some of which were in use and the rest stored away and nailed up in the factory. Keen became embarrassed, and the…
1Opinion of the CourtJustice Paxson
There was some evidence in the case that the goods in controversy had been injured prior to the offer to return them to the plaintiff. Houghton (plaintiff) says in his cross-examination: “ After receiving the notice from Mr. Whitaker, not immediately, but on account of sickness, as soon as I could', I went to the factory and found my goods honey-combed, thrown out in the yard, rusted and worthless. This was some four or five weeks after the sale.” In view of such evidence it was not error to decline the defendant’s point. Had the plaintiff accepted the tender or offer of the goods the measure…
2Cases cited1 opinion
- Rutland & Washington Railroad v. Bank of MiddleburySupreme Court of Vermont · 1860
3Cited by2 opinions
- McKay v. PearsonSuperior Court of Pennsylvania · 1898
- Whittler v. SharpUtah Supreme Court · 1913