Holmes v. Chartiers Oil Co.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT EKOM THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. No. 1 October Term 1890, Sup. Ct.; court below, No. 181 May Term 1887, C. P. On March 28,1887, S. D. Holmes and others having obtained judgment against McCauley Brothers for the sum of $1,965.50, caused an execution-attachment to be issued and served upon the Chartiers Oil Company, as garnishee of the defendant ñrm.
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APPEAL BY DEPENDANT EKOM THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. No. 1 October Term 1890, Sup. Ct.; court below, No. 181 May Term 1887, C. P. On March 28,1887, S. D. Holmes and others having obtained judgment against McCauley Brothers for the sum of $1,965.50, caused an execution-attachment to be issued and served upon the Chartiers Oil Company, as garnishee of the defendant ñrm. The garnishee answered, denying the possession or control by it of any moneys or assets due or belonging to the defendants. In obedience to a rule to plead, the garnishee, on March 28, 1889, put in the pleas,…
1Opinion of the Court
OPINION,
Me. Chief .Justice Paxson :
This record presents two questions, viz., (a) what was the contract between McCauley Brothers and the Chartiers Oil Company ? and (5) was the contract substantially performed by McCauley Brothers ? The first of these questions the court below submitted to the jury, for the reason that the contract was oral. The law is well settled that where a contract is in writing, its construction is for the court; where it is oral, it is for the jury: McFarland v. Newman, 9 W. 59; Sidwell v. Evans, 1 P. & W. 386. The second question was necessarily for the jury. They…
2Cases cited3 opinions
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- Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
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- Pressy v. McCornackSupreme Court of Pennsylvania · 1912
- County of Erie v. American States InsuranceDistrict Court, W.D. Pennsylvania · 1983
- Lewis v. Brookdale Land Co.Supreme Court of Missouri · 1894
- McReynolds v. Mortgage & Acceptance Corp.Court of Appeals for the D.C. Circuit · 1926
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