Jessop v. Ivory
Supreme Court of Pennsylvania
Appeal, No. 51, Oct. T., 1895, by defendant, from judgment of C. P. Armstrong Co., March T., 1892, No. 126, on verdict for plaintiff. Assumpsit on written agreement. Before Rayburn, P. J. At the trial it appeared that in May, 1889, plaintiff purchased from defendant one hundred shares of the capital stock of the Rolled Steel Carriage Wheel Company. He paid therefor the sum of 11,000, taking defendant’s receipt therefor.
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Appeal, No. 51, Oct. T., 1895, by defendant, from judgment of C. P. Armstrong Co., March T., 1892, No. 126, on verdict for plaintiff. Assumpsit on written agreement. Before Rayburn, P. J. At the trial it appeared that in May, 1889, plaintiff purchased from defendant one hundred shares of the capital stock of the Rolled Steel Carriage Wheel Company. He paid therefor the sum of 11,000, taking defendant’s receipt therefor. Plaintiff testified that defendant made a special parol agreement to repay plaintiff the purchase money with interest on demand, at any time plaintiff became dissatisfied with…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The main contention of appellant that the jury should have been directed to find a verdict in his favor, was decided adversely to him when the case was here before, 158 Pa. 71. The plaintiff’s action was upon a parol agreement to take back the stock and refund the price paid if the purchaser should become dissatisfied, and desire to rescind. The defense was a denial of the contract set up, and in corroboration of that denial, an averment that the contract was in writing and contained the only condition on which it was to be rescinded. This paper was not produced…
2Cases cited2 opinions
- Felts v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1894
- Jessop v. IvorySupreme Court of Pennsylvania · 1893
3Cited by5 opinions
- Carl Beasley Ford, Inc. v. Burroughs CorporationDistrict Court, E.D. Pennsylvania · 1973
- Gilbert v. SAFEGUARD MUTUAL INSURANCE COMPANYDistrict Court, E.D. Pennsylvania · 1972
- Pittsburgh & Allegheny Bridge Co. v. Allegheny CountySupreme Court of Pennsylvania · 1913
- Spittall v. AlleeSuperior Court of Pennsylvania · 1914
- Graham v. GoodSupreme Court of Pennsylvania · 1909