Legal Opinion

Robb v. Zern

Superior Court of Pennsylvania

Decided March 3, 1910No. Appeal, No. 65PublishedCited by 1 opinion

Appeal, No. 65, Oct. T., 1909, by plaintiff, from judgment of C. P. Huntingdon Co., Sept. T., 1908, No. 30, for defendant non obstante veredicto in case of M. R. Robb v. D. S. Zern. Appeal from judgment of justice of the peace. Before Woods, P. J. The opinion of the Superior Court states the case. At the trial by direction of the court, the jury returned a verdict for plaintiff for $32.00. Subsequently the court entered judgment for defendant n. o. v. Plaintiff appealed.

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Appeal, No. 65, Oct. T., 1909, by plaintiff, from judgment of C. P. Huntingdon Co., Sept. T., 1908, No. 30, for defendant non obstante veredicto in case of M. R. Robb v. D. S. Zern. Appeal from judgment of justice of the peace. Before Woods, P. J. The opinion of the Superior Court states the case. At the trial by direction of the court, the jury returned a verdict for plaintiff for $32.00. Subsequently the court entered judgment for defendant n. o. v. Plaintiff appealed. Error assigned was in entering judgment for plaintiff n. o. v.

1Opinion of the Court

Opinion by

Beaver, J.,

The action here was originally brought before a justice of the peace for the purchase price of a cow which the plaintiff had agreed to sell to the defendant in connection with two other cows and three calves. The plaintiff's was the only testimony relating to the terms and conditions of the sale. The material facts, as detailed by the plaintiff in his examination and cross-examination, were about as follows: “Q. Did *183you sell some cows, and, if so, how many, to the defendant here — D. S. Zern? A. Yes, sir; three cows. . . . Q. What year? A. 1908. . . . Q. What was the…

2Cases cited3 opinions

  1. Welsh v. BellSupreme Court of Pennsylvania · 1858
  2. Hand v. MatthewsSupreme Court of Pennsylvania · 1904
  3. Brown v. ReberSuperior Court of Pennsylvania · 1906

3Cited by1 opinion

  1. Wheeler v. Payne, Pennsylvania Court of Common Pleas, Crawford County1921

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