Legal Opinion

Barton v. Saylor

Supreme Court of Pennsylvania

Decided June 23, 1923No. Appeal, No. 328PublishedCited by 3 opinions

Appeal, No. 328, Jan. T., 1923, by defendant, from judgment of C. P. York Co., Aug. T., 1921, No. 99, on verdict for plaintiff, in case of Wenona B. Barton v. Daniel P. Saylor. Assumpsit for breach of promise of marriage. Before Ross, J. The opinion of the Supreme Court states the facts. Yerdict and judgment for plaintiff for $3,500. Defendant appealed. Errors assigned> among others, were- instructions, recited in opinion of Supreme Court, quoting them.

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

In 1921 plaintiff sued to recover damages for breach of promise of marriage made in March, 1908, averring that, although a reasonable time had elapsed, defendant failed and refused to carry out his promise, and, on the contrary, was about to marry another. The court below submitted the case to the jury which returned a. verdict for plaintiff and from judgment entered thereon defendant appealed.

The trial judge in his charge to the jury affirmed a point submitted by plaintiff, in substance, that, if en*151titled to recover, her mental anguish and disappointment are…

2Cases cited1 opinion

  1. Wagenseller v. SimmersSupreme Court of Pennsylvania · 1881

3Cited by3 opinions

  1. Commonwealth v. MarshallSupreme Court of Pennsylvania · 1926
  2. Carr v. FaganSupreme Court of Pennsylvania · 1924
  3. Wilson v. Hornstine, Pennsylvania Court of Common Pleas, Philadelphia County1931

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