Rice v. Lake Township
Superior Court of Pennsylvania
Appeal, No. 26, March T., 1909, by defendant, from judgment of C. P. Luzerne Co., March T., 1906, No. 383, on verdict for plaintiff in case of H. F. Rice to use of Jonathan Lemon v. Lake Township. Assumpsit to recover the price of a road scraper. Before Halsey, J. The facts are stated in the opinion of the Superior Court. • The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $11.20. Defendant appealed.
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Appeal, No. 26, March T., 1909, by defendant, from judgment of C. P. Luzerne Co., March T., 1906, No. 383, on verdict for plaintiff in case of H. F. Rice to use of Jonathan Lemon v. Lake Township. Assumpsit to recover the price of a road scraper. Before Halsey, J. The facts are stated in the opinion of the Superior Court. • The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $11.20. Defendant appealed. Error assigned amongst others was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Head, J.,
The use plaintiff seeks to recover from the defendant township a sum of money which he alleges was the purchase price of a road scraper that the defendant, through its supervisors, agreed to buy from the legal plaintiff and pay therefor the sum claimed. At the time of the alleged contract, Lake Township had two supervisors. Along with his declaration, the plaintiff files what he calls a copy of the agreement of purchase. This • appears, however, to be nothing more than a simple promissory note, date May 5, 1903, promising to pay to the legal plaintiff $320 on or before…
2Cases cited4 opinions
- American Road Machine Co. v. Township of WashingtonSuperior Court of Pennsylvania · 1898
- F. C. Austin Manufacturing Co. v. AyrSuperior Court of Pennsylvania · 1906
- Mitchell v. KearnsSuperior Court of Pennsylvania · 1900
- Geiser Manufacturing Co. v. Frankford TownshipSupreme Court of Pennsylvania · 1907
3Cited by2 opinions
- Commonwealth v. CamwellSuperior Court of Pennsylvania · 1926
- Stitzer v. Horsham TPU.S. Circuit Court for the District of Eastern Pennsylvania · 1910