Legal Opinion

Jenkins v. Rush Brook Coal Co.

Supreme Court of Pennsylvania

Decided March 9, 1903No. Appeal, No. 314PublishedCited by 8 opinions

Appeal, No. 314, Jan. T., 1902, by defendant, from order of C. P. Lackawanna Co., Sept. T., 1899, No. 345, sustaining exceptions to report of referee in case of John S. Jenkins v. Rush Brook Coal Company. Assumpsit on a contract for services. Exceptions to report of Charles L. Hauley, Esq., Referee. The facts are stated in the opinion of the Supreme Court. Error assigned was in dismissing exceptions to report of referee.

1Opinion of the Court

Per Curiam,

Out of the seventeen .assignments of error preferred here and pressed in the argument of appellant’s counsel, the only one that caused us to hesitate in affirming the decree of the court *167below is the fourth, which complains that the court erred in overruling the report of the referee allowing defendant’s claim of set-oil. The referee found that plaintiff had established by proper proof a claim of $7,468.62, but that defendant had established a set-off of $22,050; this wiped out plaintiff’s demand and after a computation of interest left a balance in favor of defendant of…

2Cases cited1 opinion

  1. Ahl v. RhoadsSupreme Court of Pennsylvania · 1877

3Cited by8 opinions

  1. Williams v. MonzingoSupreme Court of Iowa · 1944
  2. Lowell v. LowellSupreme Court of Iowa · 1919
  3. Schalcher v. BergdollSuperior Court of Pennsylvania · 1910
  4. Anderson Equipment Co. v. FindleySupreme Court of Pennsylvania · 1944
  5. Philadelphia v. PiersonSupreme Court of Pennsylvania · 1905

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