Smith v. Weaver
Superior Court of Pennsylvania
Appeal, No. 240, Oct. T., 1908, by defendant, from order of C. P. No. 2, Phila. Co., Dec. T., 1893, No. 589, refusing to take off nonsuit in case of Edward W. Smith v. Francis D. Weaver and George Young. Assumpsit upon a bond. Before Wiltbank, J. The terms of the bond are set forth in the opinion of the Superior Court. At the trial the court refused to receive in evidence an affidavit of the surety in the bonds tendered by the plaintiff to the defendant.
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Appeal, No. 240, Oct. T., 1908, by defendant, from order of C. P. No. 2, Phila. Co., Dec. T., 1893, No. 589, refusing to take off nonsuit in case of Edward W. Smith v. Francis D. Weaver and George Young. Assumpsit upon a bond. Before Wiltbank, J. The terms of the bond are set forth in the opinion of the Superior Court. At the trial the court refused to receive in evidence an affidavit of the surety in the bonds tendered by the plaintiff to the defendant. The evidence showed that the defendant had expressed dissatisfaction with the bonds, and had refused to accept them. There was no evidence…
1Opinion of the Court
Opinion by
Beaver, J.,
The nonsuit entered in this case, the refusal to take off which is the principal assignment of error, is justified upon either of two separate grounds: First, there is no evidence of a breach of the condition in the bond for which recovery is sought. . Evidence of the breach is absolutely necessary to recovery. Second, the contract, for the execution of which the bond in suit was given, was based upon a condition precedent which was not complied with. The condition of the bond was for permission of the plaintiff to make a transfer of certain engraved copper plates of maps…
2Cases cited7 opinions
- Singerly v. ThayerSupreme Court of Pennsylvania · 1885
- Nelson v. Von BonnhorstSupreme Court of Pennsylvania · 1857
- Adams Radiator & Boiler Works, Ltd. v. SchnaderSupreme Court of Pennsylvania · 1893
- Howard v. SmedleySupreme Court of Pennsylvania · 1891
- Delahunty Dyeing Machine Co. v. Pennsylvania Knitting MillsSuperior Court of Pennsylvania · 1902
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- Perry v. Spellman, Pennsylvania Court of Common Pleas, Chester County1960