Western Wheeled Scraper Co. v. Butler Township
Superior Court of Pennsylvania
Appeal, No. 47, Jan. T., 1904, by defendant, from judgment of C. P. Luzerne Co., May T., 1900, No. 518, on verdict for plaintiff in case of Western Wheeled Scraper Company v. Butler Township. Assumpsit for goods sold and delivered. Before Lynch, P. J. The facts are stated in the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $276.20. Defendant appealed. Error assigned was above instruction.
1Opinion of the Court
Opinion by
Orlady, J.,
David Mase and Daniel Wenner were the supervisors of Butler township for the year 1894. The plaintiff’s agent negotiated with Mase for the purchase of a road scraper to be paid for by delivering an old road scraper, which was owned by the township, and a note dated April 27, 1894, to the order of the plaintiff for $179, due one year after date. The note was signed by David Mase, supervisor, and Wenner, the other supervisor, was requested to sign it but refused. *479This suit was originally instituted on the note before a justice of the peace, and when on trial in the common…
2Cases cited8 opinions
- Union Township v. Gibboney & NelsonSupreme Court of Pennsylvania · 1880
- American Road Machine Co. v. Township of WashingtonSuperior Court of Pennsylvania · 1898
- Somerset Township v. ParsonSupreme Court of Pennsylvania · 1884
- Weaver v. PowelSupreme Court of Pennsylvania · 1892
- Pottsville Borough v. Norwegian TownshipSupreme Court of Pennsylvania · 1850
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3Cited by5 opinions
- Falkinburg v. Venango TownshipSupreme Court of Pennsylvania · 1929
- F. C. Austin Manufacturing Co. v. AyrSuperior Court of Pennsylvania · 1906
- Benton v. Freedom Township SupervisorsSuperior Court of Pennsylvania · 1934
- Osborne v. Ridgebury Township, Pennsylvania Court of Common Pleas, Bradford County1939
- Wilson v. West Hanover Township, Pennsylvania Court of Common Pleas, Dauphin County1986