Clegg Clegg v. Lees Lees
Superior Court of Pennsylvania
Appeal, No. 43, Oct. T., 1923, by defendants, from judgment of Municipal Court of Philadelphia, June T., 1922, No. 635, on verdict for plaintiff, in the case of Richard M. Clegg and Harry Clegg, trading as Eichard M. Clegg & Co;, v. Warren H. Lees and Eussell C. Lees, trading as William H. Lees’ Sons. Assumpsit for goods sold and delivered. Before Knowles, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 43, Oct. T., 1923, by defendants, from judgment of Municipal Court of Philadelphia, June T., 1922, No. 635, on verdict for plaintiff, in the case of Richard M. Clegg and Harry Clegg, trading as Eichard M. Clegg & Co;, v. Warren H. Lees and Eussell C. Lees, trading as William H. Lees’ Sons. Assumpsit for goods sold and delivered. Before Knowles, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum-of $598.55, and judgment thereon. Defendants appealed. Errors~assigned were the charge of the court and refusal of defendant’s motions for a new…
1Opinion of the Court
Opinion by
Keller, J.,
This was an action in assumpsit for a lot of cotton yarn sold and delivered by plaintiffs to defendants. The testimony as to what occurred prior to and at the con summation of the sale was conflicting. The issues of fact were submitted to the jury in a charge as to which there was no complaint by defendants except the refusal to give binding instructions in their favor. The verdict for the plaintiffs resolves all such issues of fact in their favor and we must consider the evidence in the light most advantageous to them.
The only point of law involved in this appeal deals…
2Cases cited2 opinions
- Producers Coke Co. v. HooverSupreme Court of Pennsylvania · 1920
- Castle v. Swift & Co.Court of Appeals of Maryland · 1918
3Cited by3 opinions
- Continental Collieries, Inc. v. ShoberCourt of Appeals for the Third Circuit · 1942
- Brussell v. MaimonSuperior Court of Pennsylvania · 1933
- Becker Pretzel Bakeries, Inc. v. Loefflad, Pennsylvania Court of Common Pleas, Luzerne County1957