Lyndall Motor Truck Co. v. Langinger
Superior Court of Pennsylvania
Appeal, No. 133, Oct. T., 1920, by plaintiff, from judgment of O. P. No. 3, Phila. Co., June T., 1919, No. 1607, in favor -of defendant for want of a sufficient statement of claim in the case of Lyndall Motor Truck Company v. Meyer Langinger. Assumpsit on a verbal contract.
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Appeal, No. 133, Oct. T., 1920, by plaintiff, from judgment of O. P. No. 3, Phila. Co., June T., 1919, No. 1607, in favor -of defendant for want of a sufficient statement of claim in the case of Lyndall Motor Truck Company v. Meyer Langinger. Assumpsit on a verbal contract. Before Ferguson, J. From the record it appeared that one Satinover negotiated with the plaintiff for the purchase of two automobile trucks some time prior to July 20, 1918. The plaintiff having refused to extend credit to Satinover, the latter brought the defendant, Langinger to its office where he made the statement that…
1Opinion of the Court
Per Curiam,
The opinion filed in the court below in entering judgment in favor of the defendant fully sustains the correctness of the conclusion reached. The statement filed does not sufficiently show a cause of action, and a declaration of ability to perform is not a promise to perform.
For the reasons given by the court below, the judgment is affirmed.