Chicago Cottage Organ Co. v. McManigal
Superior Court of Pennsylvania
Appeal, No. 36, March T., 1898, by plaintiff!, from judgment of C. P. Huntingdon Co., Sept. T., 1896, No. 52, on verdict for defendant. Assumpsit. Before Bailey, P. J. It appears from the record that suit was brought on a lease for “ one C. C. organ, style 905, No. 133843,” valued at $110. The monthly payments were to be $5.00 a month in advance on the 16th of every month and the monthly payments made were to be credited under certain conditions as upon the purchase price.
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Appeal, No. 36, March T., 1898, by plaintiff!, from judgment of C. P. Huntingdon Co., Sept. T., 1896, No. 52, on verdict for defendant. Assumpsit. Before Bailey, P. J. It appears from the record that suit was brought on a lease for “ one C. C. organ, style 905, No. 133843,” valued at $110. The monthly payments were to be $5.00 a month in advance on the 16th of every month and the monthly payments made were to be credited under certain conditions as upon the purchase price. The lease contained a notice at the top as follows: “ No agent is authorized to make any written or verbal contract or…
1Opinion of the Court
Opinion by
Orlady, J.,
The defendant signed a printed contract, by the terms of which he was to pay to the plaintiff the sum of $110, in instalments of $5.00 per month, for “ one C. C. organ, Style 905, No. 133843.” At the time the contract was signed a controversy arose as to whether “a stool and book” were embraced in the word “organ,” and on the refusal of plaintiff to deliver the stool and book the defendant declined to make any of the payments provided for in the contract, and suit was brought to recover eight instalments which were then alleged to be due.
In a prominent place on the face…
2Cases cited16 opinions
- Close v. ZellSupreme Court of Pennsylvania · 1891
- Bitner v. Boone, Pennsylvania Court of Common Pleas, Lancaster County1889
- Wheeler & W. Mfg. Co. v. Aughey, Pennsylvania Court of Common Pleas, Juniata County1891
- Evans v. EvansSupreme Court of Pennsylvania · 1893
- Meyerhoff v. DanielsSupreme Court of Pennsylvania · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Humbert v. MeyersSupreme Court of Pennsylvania · 1924
- Guernsey v. FroudeSuperior Court of Pennsylvania · 1900
- Wetherill Bros. v. ErwinSuperior Court of Pennsylvania · 1900
- Winters v. SchmitzSuperior Court of Pennsylvania · 1908
- Boon & Hill Co. v. Prudential Trust Co.Superior Court of Pennsylvania · 1909
1 more not listed; retrieve them via the Exa API.