Higgins Carpet Co. v. Latimer
Supreme Court of Pennsylvania
Appeal, No. 116, Oct. T., 1894, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1893, No. 71, on verdict of plaintiffs. Assumpsit for goods sold, etc.
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Appeal, No. 116, Oct. T., 1894, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1893, No. 71, on verdict of plaintiffs. Assumpsit for goods sold, etc. Before Slagle, J. Plaintiff’s statement was as follows : “ T. M. Latimer, the defendant above named, is justly and legally indebted to E. S. Higgins Carpet Company, the plaintiff above named, in the sum of $2,619.32 with interest thereon from Feb. 18, 1893, which said indebtedness arises as follows, viz: for merchandise sold and delivered by plaintiff to defendant at the special instance and request of defendant at various…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterkett,
Inasmuch as both specifications of error, in effect, challenge the correctness of the court’s construction of its eighth rule, they may be considered together. If the rule was rightly construed there was no error in striking out defendant’s testimony and directing a verdict for plaintiff. This is the only question in the case.
The first section of the rule requires that in certain actions therein specified, “ the plaintiff shall file with or before his declaration a specification of the items of his claim, together with a statement of the facts necessary to…
2Cases cited4 opinions
- Gannon v. FritzSupreme Court of Pennsylvania · 1875
- Bair & Gazzam, Lim. v. HubarttSupreme Court of Pennsylvania · 1891
- Wickersham v. RussellSupreme Court of Pennsylvania · 1865
- Coleman v. NantzSupreme Court of Pennsylvania · 1870
3Cited by13 opinions
- Mendenhall v. MendenhallSuperior Court of Pennsylvania · 1900
- Webster v. Monongahela River Consolidated Coal & Coke Co.Supreme Court of Pennsylvania · 1902
- Dickinson Township RoadSuperior Court of Pennsylvania · 1903
- Haines, Jones & Cadbury Co. v. YoungSuperior Court of Pennsylvania · 1900
- American Structural Steel Co. v. Annex Hotel Co.Supreme Court of Pennsylvania · 1910
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