Maguire v. Johnston
Supreme Court of Pennsylvania
Appeal, No. 137, Oct. T., 1903, by plaintiffs, from order of C. P. No. 1, Allegheny Co., Dec. T., 1901, No. 742, refusing to take off nonsuit in case of Edward J. Maguire, John A. Graver and Andrew Hopkins v. William D. Johnston and Thomas A. Watkins. Assumpsit for breach of contract.
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Appeal, No. 137, Oct. T., 1903, by plaintiffs, from order of C. P. No. 1, Allegheny Co., Dec. T., 1901, No. 742, refusing to take off nonsuit in case of Edward J. Maguire, John A. Graver and Andrew Hopkins v. William D. Johnston and Thomas A. Watkins. Assumpsit for breach of contract. On a motion to take off nonsuit, McFaklane, J., filed the following opinion: On this motion, we. treat the evidence of the plaintiff as sufficient proof of the facts and we have, substantially, the following situation: The plaintiffs, Maguire, Graver and Hopkins, claim damages from the defendants, William D.…
1Opinion of the Court
Pee Cueiam,
This judgment is affirmed on the opinion of the learned judge below refusing to take off the nonsuit.