Legal Opinion

Gunn v. Bowers

Supreme Court of Pennsylvania

Decided May 27, 1889No. 132PublishedCited by 8 opinions

ERE0R T0 THE COURT OF COMMON PLEAS NO. 8 OF PHILADELPHIA COUNTY. No. 132 January Term 1889, Sup. Ct.; court below, No. 148 March Term 1887, C. P. No. 3. On February 28, 1887, Bernard Gunn .brought assumpsit against Holdsworth W. Bowers, to recover a balance due for bricks sold and delivered.. Issue.

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ERE0R T0 THE COURT OF COMMON PLEAS NO. 8 OF PHILADELPHIA COUNTY. No. 132 January Term 1889, Sup. Ct.; court below, No. 148 March Term 1887, C. P. No. 3. On February 28, 1887, Bernard Gunn .brought assumpsit against Holdsworth W. Bowers, to recover a balance due for bricks sold and delivered.. Issue. On December 1,1887, the parties filed an agreement: “that the above case, and all matters in controversy thereunder, be referred to William Grew, Esq., as arbitrator under the act of assembly approved the sixteenth day of June, 1836; and it is further agreed that the said arbitrator shall have the…

1Opinion of the Court

Opinion,

Mr. Justice Mitchell:

The parties referred this cause to an arbitrator under the act of 1836, and after hearing, he reported in favor of plaintiff for $287.77, with interest from October 1, 1886. To this report the defendant filed exceptions, which after argument were dismissed, and judgment entered on the award for plaintiff. Four days later, but still in the same term, the court on motion reinstated the exceptions, ordered a re-argument, and upon the re-argument sustained one of them, and entered judgment for the defendant for $129.91. To this judgment the present writ of error was…

2Cases cited4 opinions

  1. Respublica v. TeischerSupreme Court of the United States · 1788
  2. McCloskey v. MillerSupreme Court of Pennsylvania · 1873
  3. Shaw v. PearceSupreme Court of Pennsylvania · 1812
  4. Coleman v. LukensSupreme Court of Pennsylvania · 1841

3Cited by8 opinions

  1. James v. ColemanSupreme Court of Oklahoma · 1917
  2. Muir v. Preferred Accident InsuranceSupreme Court of Pennsylvania · 1902
  3. Waynesburg Borough's North WardSuperior Court of Pennsylvania · 1905
  4. Klingensmith v. West Leechburg Steel & Tin Plate Co.Superior Court of Pennsylvania · 1901
  5. Klipstein v. WhitesidesSuperior Court of Pennsylvania · 1906

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