Bucklin v. Davidson
Supreme Court of Pennsylvania
Appeal, No. 208, Jan. T., 1893, by plaintiff, W. D. Bucklin, from judgment of C. P. Warren Co., Dec. T., 1890, No. 33, refusing to take off nonsuit in suit against A. Davidson. Assumpsit for breach of parol contract for sale of timber. At the trial, before Noyes, P. J., there was evidence that defendant agreed to sell to plaintiff a large amount of timber, and that plaintiff was to have the use of defendant’s mill to convert the timber into lumber.
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Appeal, No. 208, Jan. T., 1893, by plaintiff, W. D. Bucklin, from judgment of C. P. Warren Co., Dec. T., 1890, No. 33, refusing to take off nonsuit in suit against A. Davidson. Assumpsit for breach of parol contract for sale of timber. At the trial, before Noyes, P. J., there was evidence that defendant agreed to sell to plaintiff a large amount of timber, and that plaintiff was to have the use of defendant’s mill to convert the timber into lumber. As to the terms of the contract, plaintiff testified as follows : “ Q. Now state what contract you made there in that store with Samuel Davidson ?…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
In form as well as substance, the averments contained in plaintiff’s statement of claim present a good cause of action. On the motion to take off the nonsuit the only question was whether his evidence ivas sufficient to have justified the court in submitting the case to the jury.
In his opinion discharging the rule to show cause the learned president of the common pleas concedes that plaintiff’s evidence was sufficient to require submission to the jury of the question whether a contract, such as that averred in the statement, was made, but he says it did…
2Cases cited3 opinions
- Lerch v. BardSupreme Court of Pennsylvania · 1893
- Miller v. BealerSupreme Court of Pennsylvania · 1882
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