Patterson v. Neuer
Supreme Court of Pennsylvania
Appeal, No. 27, Jan. T., 1894, by defendant, from judgment of C. P. Luzerne Co., Jan. T., 1884, No. 410, on verdict for plaintiff. Assumpsit for services. Before Rice, P. J. Suit was brought January 9, 1884. The pleas were non assumpsit and'the statute of limitations.
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Appeal, No. 27, Jan. T., 1894, by defendant, from judgment of C. P. Luzerne Co., Jan. T., 1884, No. 410, on verdict for plaintiff. Assumpsit for services. Before Rice, P. J. Suit was brought January 9, 1884. The pleas were non assumpsit and'the statute of limitations. The claim was on an alleged oral contract made in 1871 for supervision of the construction of defendant’s buildings at five per cent of their cost, and also $200 for an occasional inspection of the work on another building. These services were in addition to days’ wages which were paid. Plaintiff testified that defendant’s house…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
This is a very stale claim and the only support it has is in the uncorroborated testimony of the plaintiff, which was contradicted in every material feature by the testimony of the defendant. It is for services alleged to have been rendered by the plaintiff for the defendant twentj^-two years ago under a verbal agreement between them. The suit to enforce it was brought twelve years after it matured. The statement of it was filed eight years after the writ was served. The gross laches in the prosecution of the claim and the circumstances surrounding it raise a…
2Cases cited2 opinions
- Landis v. RothSupreme Court of Pennsylvania · 1885
- Kensington Bank v. PattonSupreme Court of Pennsylvania · 1850
3Cited by6 opinions
- White v. Pittsburgh Vein Coal Co.Supreme Court of Pennsylvania · 1920
- Liberman v. GurenskyWashington Supreme Court · 1902
- Beal & Simons v. Adams Express Co.Superior Court of Pennsylvania · 1900
- Clay v. McCreanorSuperior Court of Pennsylvania · 1899
- Foringer v. SissonSuperior Court of Pennsylvania · 1900
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