Meason v. Kaine
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Payette county: Of October and November Term 1870, No. 188. The form of action in this case was assumpsit, by Daniel Kaine against Alfred E. Meason; the suit was brought May 4th 1867. The original declaration was altogether on the common counts.
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Error to the Court of Common Pleas of Payette county: Of October and November Term 1870, No. 188. The form of action in this case was assumpsit, by Daniel Kaine against Alfred E. Meason; the suit was brought May 4th 1867. The original declaration was altogether on the common counts. The affidavit of plaintiff’s claim was that the defendant owed him $333.38 with interest from April. 2d 1866, and $778.44 with interest from April 3d 1867. The case was tried January 21st 1869, and a verdict rendered for plaintiff for $1251.90. The judgment on this Verdict was reversed by the Supreme Court (13 P.…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
Eli Cope, Daniel Kaine and Alfred E. Meason met at Mr. Cope’s house on an evening in December 1864, and agreed together verbally to buy a farm owned by James Shoaf. Their mutual agreement was that the purchase should be made in the names of Cope and Kaine, in order that Meason might appear to act as their agent, and make a better sale of the land, ibut (to use Kaine’s words) that the farm should be bought for ithem all, each an equal owner, each to pay one-third, and each.to *131own one-third. It is for Meason’s breach of this contract in…
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