Short v. Stevenson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county; No; 2, to October and November 1869. This was an action of assumpsit by Marshall Short against Philip H. Stevenson, commenced July 18th 1867. The plaintiff declared in one count, that the defendant represented to him that he was about to buy 15 acres of land for $12,000; that the Stevenson & Smith’s Perry Oil Company were organizing for taking oil from the land, and the defendant would buy the land for the company at…
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Error to the Court of Common Pleas of Allegheny county; No; 2, to October and November 1869. This was an action of assumpsit by Marshall Short against Philip H. Stevenson, commenced July 18th 1867. The plaintiff declared in one count, that the defendant represented to him that he was about to buy 15 acres of land for $12,000; that the Stevenson & Smith’s Perry Oil Company were organizing for taking oil from the land, and the defendant would buy the land for the company at $12,000, and in consideration of the payment by plaintiff of $1000, defendant agreed to give him one-twelfth interest in…
1Opinion of the Court
The opinion of the court was delivered, January 24th 1870, by
Williams, J. —
We are clearly of the opinion that this case should have been submitted to the jury, and that the court erred in withdrawing it from them by ordering a judgment of nonsuit and refusing to set it aside.
The evidence shows that the plaintiff subscribed for a share in the Stevenson & Smith’s Eerry Oil Company, of which the defendant was a promoter; that, when he made the subscription, the defendant was not the owner of the lanc[ on which it was proposed to carry on the operations of the projected company, but represented…
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