Miller v. Belmont Packing & Rubber Co.
Supreme Court of Pennsylvania
Appeal, No. 38, J an. T., 1921, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1915, No. 2934, on verdict for plaintiff and for an accounting in case of Norman B. Miller v. Belmont Packing & Rubber Co. formerly known as Clement Re-stein Company. Assumpsit for royalties. Before Martin, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff on which the court entered an order directing defendant to account. Defendant appealed.
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Appeal, No. 38, J an. T., 1921, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1915, No. 2934, on verdict for plaintiff and for an accounting in case of Norman B. Miller v. Belmont Packing & Rubber Co. formerly known as Clement Re-stein Company. Assumpsit for royalties. Before Martin, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff on which the court entered an order directing defendant to account. Defendant appealed. Errors assigned were (1) order directing defendant to account; (2) refusal of defendant’s motion for judgment n. o. v.; (3-7)…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
Norman B. Miller sued the “Belmont Packing & Rubber Co., formerly known as Clement Restein Co.,” and recovered a verdict upon which an order for an accounting, as hereinafter more fully stated, was entered; a motion for judgment n. o. v. having been dismissed, defendant appealed.
Plaintiff’s declaration avers that, in March, 1909, defendant corporation, by its “president and duly authorized agent, Clement Restein,” orally contracted to pay Miller three cents a pound on all “piston rod packings manufactured and sold by defendant” under certain patent rights…
2Cases cited10 opinions
- Ex Parte PetersonSupreme Court of the United States · 1920
- Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
- Minsinger v. RauSupreme Court of Pennsylvania · 1912
- Mesta Machine Co. v. Dunbar Furnace Co.Supreme Court of Pennsylvania · 1915
- Kroegher v. McConway & Torley Co.Supreme Court of Pennsylvania · 1892
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3Cited by49 opinions
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- Sablosky v. MessnerSupreme Court of Pennsylvania · 1952
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- Collins v. KephartSupreme Court of Pennsylvania · 1921
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