Fee v. Emporium Lumber Co.
Superior Court of Pennsylvania
Appeal, No. 276, Oct. T., 1910, by plaintiffs, from order of C. P. Potter Co., Sept. T., 1904, No. 126, dismissing exceptions to adjudication in case of Terrence Fee, R. C. Fee and C. P. Fee, doing business under the firm name of Fee Brothers, v. The Emporium Lumber Company. Assumpsit for logs sold and delivered. Exceptions to adjudication of Cameron, P. J., specially presiding. The case was tried without a jury.
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Appeal, No. 276, Oct. T., 1910, by plaintiffs, from order of C. P. Potter Co., Sept. T., 1904, No. 126, dismissing exceptions to adjudication in case of Terrence Fee, R. C. Fee and C. P. Fee, doing business under the firm name of Fee Brothers, v. The Emporium Lumber Company. Assumpsit for logs sold and delivered. Exceptions to adjudication of Cameron, P. J., specially presiding. The case was tried without a jury. The facts are stated in the opinion of the Superior Court.- Errors assigned were in dismissing exceptions to adjudication.
1Opinion of the Court
Opinion by
Rice, P. J.,
By writing the plaintiffs agreed to sell to the defendant, and the latter agreed to buy and pay for, at the rate of $12.00 per 1,000 feet of oak and $6.50 per 1,000 feet of the other specified kinds of timber, all of the hard wood and pine logs owned by the former on the Freck lands that they “may see fit to deliver to B. & S. R. R. or its tramway and branches,” the total quantity of logs not to exceed 2,000,000 or 3,000,000 feet, and not more than ten per cent thereof to be the beech. According to the *560agreement, settlements were to be made on or about the first of each…
2Cases cited15 opinions
- Topliff v. TopliffSupreme Court of the United States · 1887
- Hutchison & Batchelder v. CommonwealthSupreme Court of Pennsylvania · 1877
- Scott v. WellsSupreme Court of Pennsylvania · 1843
- Smyth v. CraigSupreme Court of Pennsylvania · 1841
- Strong, Deemer & Co. v. DinninySupreme Court of Pennsylvania · 1896
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3Cited by1 opinion
- United States Ex Rel. Viglione v. Klefstad Engineering Co.District Court, W.D. Pennsylvania · 1971