Legal Opinion

Sidney Sch. Furniture Co. v. Warsaw Sch. District

Supreme Court of Pennsylvania

Decided November 4, 1889No. 90PublishedCited by 10 opinions

APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF JEFFERSON COUNTY. No. 90 October Term 1889, Sup. Ct.; court below, No. 403 September Term 1885, C. P. On September 1, 1885, tbe Sidney School Furniture Company of Sidney, Ohio, brought assumpsit against the School District of Warsaw township, to recover upon a contract for the sale and delivery of school furniture. The defendant’s pleas were non-assumpsit, payment with leave, etc.

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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF JEFFERSON COUNTY. No. 90 October Term 1889, Sup. Ct.; court below, No. 403 September Term 1885, C. P. On September 1, 1885, tbe Sidney School Furniture Company of Sidney, Ohio, brought assumpsit against the School District of Warsaw township, to recover upon a contract for the sale and delivery of school furniture. The defendant’s pleas were non-assumpsit, payment with leave, etc. At the trial on February 9, 1886, there was a verdict for the defendant. The judgment entered thereon was reversed, with a venire de novo, upon a writ of error…

1Opinion of the Court

*90Opinion,

Mb. Justice Clank :

At the trial the defendant submitted six points, which fairly and fully presented its theory of this case, and these points, being separately answered, were all affirmed by the court without qualification. Nor is there any assignment of error to the general charge, or to any portion of it. The only matters complained of arise upon the answers of the court to the points submitted by the plaintiff’s counsel. These points, it must be confessed, are very inaptly drawn. It may be remarked, generally, that the hypothesis upon which these several points were framed,…

2Cases cited4 opinions

  1. Singerly v. ThayerSupreme Court of Pennsylvania · 1885
  2. Walker v. FranceSupreme Court of Pennsylvania · 1886
  3. Cullmans v. LindsaySupreme Court of Pennsylvania · 1886
  4. Seeley v. WellesSupreme Court of Pennsylvania · 1888

3Cited by10 opinions

  1. Kline v. Fitzgerald Bros.Supreme Court of Pennsylvania · 1920
  2. Thaler Bros. v. Greisser Construction Co.Supreme Court of Pennsylvania · 1911
  3. Consumers' Gas Co. of Danville v. American Electric Construction Co.Court of Appeals for the Third Circuit · 1892
  4. Frankfort Distilleries, Inc. v. Burns Bottling MacHine Works, Inc.Court of Appeals of Maryland · 1938
  5. American Harrow Co. v. SwoopeSuperior Court of Pennsylvania · 1901

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