Hendley & Co. v. Bittinger
Supreme Court of Pennsylvania
Appeal, No. 389, Jan. T., 1914, by défendant, from judgment óf C. P. Adams Co:, Jan. T., 1913, No. 35, on verdict for plaintiff in case of C. W. Hendley, trading as C. W. Hendley & Company, v. John R. Bittinger, trading as Bittinger Lime-Company. : Assumpsit for coal sold and delivered. • Befóte Swope/ P. J. • ■' The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,904.81 and judgment thereon. Defendant appealed.
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Appeal, No. 389, Jan. T., 1914, by défendant, from judgment óf C. P. Adams Co:, Jan. T., 1913, No. 35, on verdict for plaintiff in case of C. W. Hendley, trading as C. W. Hendley & Company, v. John R. Bittinger, trading as Bittinger Lime-Company. : Assumpsit for coal sold and delivered. • Befóte Swope/ P. J. • ■' The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,904.81 and judgment thereon. Defendant appealed. Errors assigned, among others, were rulings on evidence and answers to points.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
John R. Bittinger, the defendant, for a number of years prior to March 1, 1907, was engaged in the business of quarrying and burning limestone under the name of “Bittinger Lime Company.” The plaintiff knew of his ownership of the business and unsuccessfully solicited business from him. On said date, the defendant leased his entire business and plant, consisting of. real estate, machinery and personal property, to his two sons, E. M. Bittinger and L. L. Bittinger, who continued to conduct the business under the same name of “Bittinger. Lime Company” with the…
2Cases cited3 opinions
- Drumgoole v. LyleSuperior Court of Pennsylvania · 1906
- Fisher v. RuchSuperior Court of Pennsylvania · 1900
- Clark v. FletcherSupreme Court of Pennsylvania · 1881
3Cited by3 opinions
- Rowles v. EvanuikSupreme Court of Pennsylvania · 1944
- Meggs v. CENTRAL SUPPLY COMPANY, INC.Indiana Court of Appeals · 1974
- Welsh v. National Dime Bank, Pennsylvania Court of Common Pleas, Northumberland County1945