Kelley Springfield Road Roller Co. v. Schlimme
Supreme Court of Pennsylvania
Appeal, Nos. 279 and 280, Jan. T,, 1907, from orders of .C. P. Montgomery Co., Oct. T., 1906,. Nos. 150 and 151, refusing to take off nonsuits in cases of the Kelley Springfield Road Roller Company v. John Schlimme and the Kelley Springfield Road Roller Company v. Schlimme Construction Company. Assumpsit on promissory notes. The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subse-< quently refused to take off.
Read the full summary
Appeal, Nos. 279 and 280, Jan. T,, 1907, from orders of .C. P. Montgomery Co., Oct. T., 1906,. Nos. 150 and 151, refusing to take off nonsuits in cases of the Kelley Springfield Road Roller Company v. John Schlimme and the Kelley Springfield Road Roller Company v. Schlimme Construction Company. Assumpsit on promissory notes. The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subse-< quently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The above cases were tried together in the court below, and as they arise out of the same transaction and the decision of the two cases depends on the same legal principle, we will dispose of them together.
On or about April 15, 1904, the plaintiff company delivered to the defendant, John Schlimme, two steam road rollers. They remained in his possession until November 1, 1904, when a written contract was entered into between the plaintiff company and the Schlimme Construction Company for the rollers. This contract was in the shape of a written offer by the…
2Cases cited2 opinions
- Seanor & Bierer v. McLaughlinSupreme Court of Pennsylvania · 1895
- Campbell etc. Co. v. HickokSupreme Court of Pennsylvania · 1891
3Cited by16 opinions
- Stone v. C. I. T. Corp.Superior Court of Pennsylvania · 1936
- Matter of Adrian Research and Chemical Co., Inc., Bankrupt, William M. KirkpatrickCourt of Appeals for the Third Circuit · 1959
- Peoples State Bank v. HallIndiana Court of Appeals · 1925
- Nuside Metal Products, Inc. v. Eazor Express, Inc.Superior Court of Pennsylvania · 1959
- Auto Security Co. v. CanelliSuperior Court of Pennsylvania · 1922
11 more not listed; retrieve them via the Exa API.