Cox v. Burdett
Superior Court of Pennsylvania
Appeal, No. 70, April T., 1903, by plaintiffs, from judgment of C. P. Mercer Co., April T., 1900, No. 50, on verdict of defendants in case of W. H. Cox and J. D. Cox v. W. S. Burdett, John E. Burdett, Clarence Hayes and Frank L. Burdett. Replevin for a portable sawmill. Before Miller, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendants for 1348.50. Plaintiffs appealed.
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Appeal, No. 70, April T., 1903, by plaintiffs, from judgment of C. P. Mercer Co., April T., 1900, No. 50, on verdict of defendants in case of W. H. Cox and J. D. Cox v. W. S. Burdett, John E. Burdett, Clarence Hayes and Frank L. Burdett. Replevin for a portable sawmill. Before Miller, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendants for 1348.50. Plaintiffs appealed. Errors assigned were (1-6) various rulings on evidence referred to in the opinion of the Superior Court; (7-15) various instructions, among them refusal of binding instructions…
1Opinion of the Court
Opinion by
Beaveb, J.,
Replevin was brought in the court below to enforce a contract of bailment in writing, under which the plaintiffs leased to the defendants a portable sawmill and fixtures which were to be delivered to the defendants as their own property, upon the payment of the sum of $900 as in the said agreement provided. . It is not denied by the defendants that the original contract was a bailment. They allege, however, that part of the contract was an agreement on the part of the plaintiffs to “ furnish sufficient timber to keep the mill in constant operation and .... not to permit…
2Cases cited5 opinions
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- M'Donald v. ScaifeSupreme Court of Pennsylvania · 1849
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