Pyott v. Baltz
Superior Court of Pennsylvania
Appeal, No. 193, Oct. T., 1908, by defendant, from judgment of C. P. Delaware Co., Dec. T., 1907, No. 53, on verdict for plaintiff in case of Joseph R. Pyott v. William S. Baltz. Assumpsit on an unpaid check. Before Broomall, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $347.87. Defendant appealed. . Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, J.,
This action of assumpsit is brought to recover from the defendant the amount of an unpaid check which was given under the’following circumstances: By handbill and newspaper, the plaintiff advertised a public sale of a herd of cows on November 4, 1907. On October 31, the defendant sent a veterinarian to examine the herd, which was done in the presence of the plaintiff. The defendant appeared on the day of sale, and had a conversation with the plaintiff in regard to the cattle. He testified as follows: “Q. What did you say to him or he to you about the cows? A. I asked him…
2Cases cited3 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Selser v. Roberts & Co.Supreme Court of Pennsylvania · 1884
- Herman v. BrinkerSuperior Court of Pennsylvania · 1901
3Cited by2 opinions
- Walker v. KirkSuperior Court of Pennsylvania · 1919
- Samuel v. Delaware River Steel Co.Superior Court of Pennsylvania · 1918