McElroy v. Glenn Kline Lumber Co.
Superior Court of Pennsylvania
Appeal, No. 154, May T., 1908, by defendant, from judgment of C. P. Armstrong Co., Dec. T., 1905, No. 4, on verdict for plaintiff in case of H. H. McElroy v. Glenn Kline Lumber Company. • Appeal from judgment of justice of the peace. Before Patton, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for' plaintiff for $87.17. Defendant appealed. Error assigned amongst others was refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
Head, J.,
The right of the plaintiff to recover depended on his ability to prove, by competent and sufficient evidence, that one Metts, who employed him to render the services for which he claims, was the agent of and was acting for the defendant company. The undisputed evidence disclosed that the defendant, a corporation of the city of Pittsburg, had acquired the right to cut the timber from a tract of land in Armstrong county. That it then entered into a written contract with Metts, by the terms of which he agreed to cut, saw and deliver on board cars, or in boats as the defendant…
2Cases cited2 opinions
- Brig Odorilla v. Baizley, Pennsylvania Court of Common Pleas, Philadelphia County1889
- Bellman v. Pittsburg & Allegheny Valley Railway Co.Superior Court of Pennsylvania · 1906