Miller v. Westerhoff
Superior Court of Pennsylvania
Appeal, No. 188, Oct. T., 1899, by-plaintiff, in suit of Henry W. Miller against Peter Westerhoff, Henry Westerhoff and F. S. Napier, trading as Westerhoff Bros. & Napier, from judgment of C. P. Lancaster Co., June T., 1897, No. 86, on verdict for defendants. Opinion by Orlady, J. Assumpsit. It appears from the evidence that plaintiff sold to defendants a boiler and engine, hangers and pulleys, etc.
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Appeal, No. 188, Oct. T., 1899, by-plaintiff, in suit of Henry W. Miller against Peter Westerhoff, Henry Westerhoff and F. S. Napier, trading as Westerhoff Bros. & Napier, from judgment of C. P. Lancaster Co., June T., 1897, No. 86, on verdict for defendants. Opinion by Orlady, J. Assumpsit. It appears from the evidence that plaintiff sold to defendants a boiler and engine, hangers and pulleys, etc. There was evidence tending to show an agreement that the defendants should not take the goods unless the title was good. After the agreement of sale it appears that the engine and boiler were sold…
1Opinion of the Court
Opinion by
Oblady, J.,
The plaintiff sued to recover the sum of $250 which was the price of an engine, boiler, hangers and pulleys that had been sold and delivered by him to the defendants, who resisted payment on the ground that at the time of the alleged sale it Avas distinctly understood that unless the plaintiff had a clear title to the property they would not buy it at any price, and that it had been established afterwards that the plaintiff did not have any title thereto. On the trial it appeared that Hiram Mes-singer issued a writ of fieri facias to No. 46, November term, 1894, on a…
2Cases cited7 opinions
- Dixon v. White Sewing M. Co., Pennsylvania Court of Common Pleas, Cumberland County1889
- Weidensaul v. ReynoldsSupreme Court of Pennsylvania · 1865
- Schuylkill County's AppealSupreme Court of Pennsylvania · 1858
- Watmough v. FrancisSupreme Court of Pennsylvania · 1847
- Wilson, Sieger & Co's. AppealSupreme Court of Pennsylvania · 1850
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