Legal Opinion

Keystone Cycle Co. v. Jones

Superior Court of Pennsylvania

Decided December 13, 1899No. Appeal, No. 122PublishedCited by 2 opinions

Appeal, No. 122, Oct. T., 1899, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1897, No. 123, on verdict for plaintiff. Assumpsit to recover alleged balance for bicycles sold defendant by plaintiff.

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Appeal, No. 122, Oct. T., 1899, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1897, No. 123, on verdict for plaintiff. Assumpsit to recover alleged balance for bicycles sold defendant by plaintiff. Before McCarthy, J. By an affidavit of defense to the statement filed in this case judgment had been taken on an amount admitted to be due on a balance and claim reduced to $350.20. Defendant claimed a further credit of $120, which was allowed by the court, reducing the balance, exclusive of interest, to $230.20. At the trial it appears that the plaintiff offered in evidence a…

1Opinion of the Court

Opinion by

Smith, J.,

The issue in this case involves only the credits to which the defendant was entitled. As we gather from the record of the trial, including the charge, the plaintiff claimed, in gross, $800.70. In reduction of this he admitted credits for commissions and other matters aggregating $274.50. The defendant admitted a balance due plaintiff of $176, for which judgment was tendered and taken. This reduced the balance claimed by the plaintiff to $350.20. The defendant claimed a further credit for $120, which was allowed by the court, reducing the balance, exclusive of interest, to…

2Cited by2 opinions

  1. Commonwealth v. CummingsSuperior Court of Pennsylvania · 1911
  2. R. & W. Jenkinson Co. v. EggersSuperior Court of Pennsylvania · 1905

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