Legal Opinion

Pittsley v. King

Supreme Court of Pennsylvania

Decided May 18, 1903No. Appeal, No. 259PublishedCited by 10 opinions

Appeal, No. 259, Jan. T., 1902, by plaintiffs, from judgment of C. P. Lackawanna Co., Nov. T., 1901, No. 669, on demurrer to statement in case of Henry E. Pittsley, trading as Sayre Lumber Company, to use of J. Hibbs Buckman and O. L. Haverly, Trustees, v. F. M. Young, E. K. Atherton et al. Assumpsit on a contract to furnish and equip a milk condensory. Before Edwards, P. J. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 259, Jan. T., 1902, by plaintiffs, from judgment of C. P. Lackawanna Co., Nov. T., 1901, No. 669, on demurrer to statement in case of Henry E. Pittsley, trading as Sayre Lumber Company, to use of J. Hibbs Buckman and O. L. Haverly, Trustees, v. F. M. Young, E. K. Atherton et al. Assumpsit on a contract to furnish and equip a milk condensory. Before Edwards, P. J. The facts appear by the opinion of the Supreme Court. Error assigned was in sustaining demurrer to statement.

1Opinion of the Court

Opinion by

Mr. Justice Bbown,

On March 31, 1900, Henry E. Pittsley, trading as the Sayre Lumber 'Company, entered into a contract with F. M. Young and 185 other individuals or firms for the erection of a milk “ condensory.” This suit was brought by the appellants, as the use plaintiffs, to recover from the 186 defendants, jointly, the balance due on the contract price for the building and equipment of the plant and for extra work done and materials furnished. Demurrers were filed to plaintiffs’ statement by different defendants, all, however, on the same ground, that the contract was several…

2Cases cited5 opinions

  1. Gibbons v. GrinselWisconsin Supreme Court · 1891
  2. Davis v. BelfordMichigan Supreme Court · 1888
  3. City of Philadelphia v. Reeves & CabotSupreme Court of Pennsylvania · 1865
  4. Phillips v. BonsallSupreme Court of Pennsylvania · 1809
  5. Davis & Rankin Building & Manufacturing Co. v. MurrayMichigan Supreme Court · 1894

3Cited by10 opinions

  1. Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
  2. Mintz v. Tri-County Natural Gas Co.Supreme Court of Pennsylvania · 1918
  3. Yadusky v. ShugarsSupreme Court of Pennsylvania · 1930
  4. In re John B. Rose Co.Court of Appeals for the Second Circuit · 1921
  5. Fabral, Inc. v. B & B Roofing Co., Inc.District Court, E.D. Pennsylvania · 2011

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