Warrington v. Mengel
Superior Court of Pennsylvania
Appeal, No. 10, Oct. T,, 1909, by defendants, from order of C. P. Berks Co., Nov. T., 1908, No. 22, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Clara E, Warrington and James A. Seagreaves, to use of D. Elmer Dampman, v. Ralph IT. Mengel and J. Hain Mengel, doing business as Men-gel & Mengel. Assumpsit for money had and received. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 10, Oct. T,, 1909, by defendants, from order of C. P. Berks Co., Nov. T., 1908, No. 22, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Clara E, Warrington and James A. Seagreaves, to use of D. Elmer Dampman, v. Ralph IT. Mengel and J. Hain Mengel, doing business as Men-gel & Mengel. Assumpsit for money had and received. Rule for judgment for want of a sufficient affidavit of defense. Before Stevens, J. The facts appear by the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a…
1Opinion of the Court
Opinion by
Beaver, J.,
The claim of the plaintiffs is based upon the following written instrument:
“Exhibit ‘A.’
“Garrett B. Stevens
“William Kerper Stevens
“Law Offices of “Stevens & Stevens.
“Reading, Pa.
“ January 22, 1908.
“Mengel & Mengel,
“Gentlemen:—
“Misunderstandings having arisen as to the alterations of ‘Reading House’ owned by Clara E. Warrington and Brother; the bills having been rendered which exceed $2500 the original estimate. Now it is hereby agreed so as to keep the total cost within the amount of money in your hands you will pay for material and labor upon ‘Release of Mechanics’…
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- East Lewisburg Lumber & Manufacturing Co. v. MarshSupreme Court of Pennsylvania · 1879
- Bechtel v. SheaferSupreme Court of Pennsylvania · 1888
- Nesmith v. DrumSupreme Court of Pennsylvania · 1844
- Ruple ex rel. Lewis v. BindleySupreme Court of Pennsylvania · 1879
- Sharpless v. WelshSupreme Court of the United States · 1803
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- Clarke & Cohen v. Real Ex Rel. Stroudsburg Nat. BankSuperior Court of Pennsylvania · 1931
- Fisher v. Stevens Coal Co. (Et Al.,)Superior Court of Pennsylvania · 1939
- In the Matter of Gebco Investment Corporation, Creative Development Corporation, Plaza Development Corporation, Fidelity Loan and Investment Corporation and Meadowlands Inn, Debtors. Appeal of Monroeville Electronics CoCourt of Appeals for the Third Circuit · 1981
- In re Gebco Investment Corp.Court of Appeals for the Third Circuit · 1981
- All State Industries, Inc. v. H.E. Stoudt & Sons, Inc., Pennsylvania Court of Common Pleas, Alleghany County1978
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