Flannery v. Wessels
Supreme Court of Pennsylvania
Appeal, No. 184, Jan. T., 1914, by defendant, from judgment of C. P. No. 2, Pbiladelphia. Co., March T., 1912, No. 254, on verdict for plaintiff in case of Edward P. Flannery v. Charles M. Wessels. Assumpsit for breach of contract for the purchase of stock from plaintiff. Before Barratt, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,538.33 and judgment thereon. Defendant appealed.
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Appeal, No. 184, Jan. T., 1914, by defendant, from judgment of C. P. No. 2, Pbiladelphia. Co., March T., 1912, No. 254, on verdict for plaintiff in case of Edward P. Flannery v. Charles M. Wessels. Assumpsit for breach of contract for the purchase of stock from plaintiff. Before Barratt, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,538.33 and judgment thereon. Defendant appealed. Errors assigned, were various rulings on evidence, various instructions to the jury, the refusal of the court to direct a verdict for defendant and to enter judgment for…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
It is difficult to determine from the evidence on what theory this case was tried, whether as an action for deceit or for damages for the breach of a parol contract for the sale of stock. On either theory, much of the evidence was irrelevant and incompetent. There was however. sufficient competent evidence to sustain the verdict which was clearly right. The action was assumpsit, to recover damages for the alleged violation ■of a contract for the purchase of stock of a certain corporation by the defendant from the plaintiff. There are fourteen assignments of…
2Cases cited3 opinions
- Carrier & Baum v. DilworthSupreme Court of Pennsylvania · 1868
- Flannery v. DechertSupreme Court of Pennsylvania · 1850
- Mobley v. MorganSupreme Court of Pennsylvania · 1886
3Cited by8 opinions
- Producers Coke Co. v. HooverSupreme Court of Pennsylvania · 1920
- Popper v. RosenSupreme Court of Pennsylvania · 1928
- Bush v. Atlas Automobile Finance Corp.Superior Court of Pennsylvania · 1937
- Allen v. Mitten Bank Securities Corp.Superior Court of Pennsylvania · 1937
- Himeles v. RoseSuperior Court of Pennsylvania · 1924
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