Legal Opinion

Ganzer v. Fricke

Supreme Court of Pennsylvania

Decided March 5, 1868PublishedCited by 5 opinions

Error to the District Court of Philadelphia: No. 339, to January Term 1867. Tbis was an action of assumpsit, commenced June 3d 1865, by Christian D. Fricke against Martin Ganzer, Frederick Fisher and John Conrad, trading as M. Ganzer & Co. The claim was for fitting up an establishment on the Germantown Road, Philadelphia, as a restaurant and summer garden. There seemed to be no dispute as to the work having been done, nor as to the propriety of the charge.

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Error to the District Court of Philadelphia: No. 339, to January Term 1867. Tbis was an action of assumpsit, commenced June 3d 1865, by Christian D. Fricke against Martin Ganzer, Frederick Fisher and John Conrad, trading as M. Ganzer & Co. The claim was for fitting up an establishment on the Germantown Road, Philadelphia, as a restaurant and summer garden. There seemed to be no dispute as to the work having been done, nor as to the propriety of the charge. The allegation of Ganzer and Conrad was that it was done for Fisher alone. Ganzer and Fisher were partners in a brewery at the corner of…

1Opinion of the Court

The opinion of the court was delivered, by'

A&new, J.

Not one of the errors, except the last, has been assigned according to our rules. Instead of printing the bill of exception in connection with its proper assignment of error, we are left to wander through the evidence in search of it. We shall notice, however, the principal question relied upon in the *318argument. Ganzer and Fisher, two of the persons sued by the plaintiff, were partners in a brewery on Thompson street in this city. Eisher took a lease of a property on the Germantown Road, about four miles distant, and fitted it up as a…

2Cases cited2 opinions

  1. Paull v. MackeySupreme Court of Pennsylvania · 1834
  2. Mercer v. M'WilliamsOhio Supreme Court · 1832

3Cited by5 opinions

  1. Williamsport v. Citizens' Water & Gas Co.Supreme Court of Pennsylvania · 1911
  2. Einfeld v. ShermerSuperior Court of Pennsylvania · 1914
  3. Benjamin v. HolgateSuperior Court of Pennsylvania · 1912
  4. Scrantonian v. BrownSuperior Court of Pennsylvania · 1908
  5. Ziernicki v. Gazdzik, Pennsylvania Court of Common Pleas, Philadelphia County1923

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