Gable v. Graybill
Superior Court of Pennsylvania
Appeal No. 15, Nov. T., 1895, by plaintiff, from judgment of C. P. of Lancaster Co., Aug. T., 1895, No. 140. This case came before the court below on an appeal from judgment of a justice for $132.80 in favor of plaintiff on an action in assumpsit. Defendant pleaded the general issue. The court gave binding instructions in favor of defendant, which were assigned as error. The facts are fully set out in the opinion of the Superior Court.
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Appeal No. 15, Nov. T., 1895, by plaintiff, from judgment of C. P. of Lancaster Co., Aug. T., 1895, No. 140. This case came before the court below on an appeal from judgment of a justice for $132.80 in favor of plaintiff on an action in assumpsit. Defendant pleaded the general issue. The court gave binding instructions in favor of defendant, which were assigned as error. The facts are fully set out in the opinion of the Superior Court. Error assigned was binding instructions in favor of defendant.
1Opinion of the Court
Opinion by
Rice, P. J.,
The question whether the defendant’s promise is within our statute of frauds (section 1, act of April 26, 1855, P. L. 308) cannot be determined by the words alone in which it was made. There are cases where the words, “ I -will see you paid,” have been construed, in the light of the pertinent facts, to be an original undertaking, and other cases where the same words have been construed to be a collateral undertaking and within the statute. There is no irreconcilable conflict between these cases. The words are not unimportant in ascertaining the intent, as is shown by the…
2Cases cited10 opinions
- Nugent v. WolfeSupreme Court of Pennsylvania · 1886
- Ames v. FosterMassachusetts Supreme Judicial Court · 1871
- Haverly v. MercurSupreme Court of Pennsylvania · 1875
- Maule v. BucknellSupreme Court of Pennsylvania · 1865
- Fehlinger v. WoodSupreme Court of Pennsylvania · 1890
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