Kase v. Kase
Supreme Court of Pennsylvania
Error to the Common Pleas of Northumberland county. This was an action of covenant by William H. Kase against Simon P. Kase, on an article of agreement, under seal, for the sale of the lease, stock, and fixtures of the Roaring Creek Furnace.
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Error to the Common Pleas of Northumberland county. This was an action of covenant by William H. Kase against Simon P. Kase, on an article of agreement, under seal, for the sale of the lease, stock, and fixtures of the Roaring Creek Furnace. The defendant pleaded covenants performed, absque hoc; and that certain attachment executions, amounting to $2232.52, had been issued against the plaintiff, out of the Court of Common Pleas of Montour county, and served on the defendant as garnishee. On the trial, the principal grounds of defence were, that there was a great deficiency in the estimated…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
We do not discover any deficiency of evidence on the questions submitted by the court to the jury, nor any error in the instructions that led to the verdict. Nearly all the defence was excluded by the finding that the defendant below had purchased in bulk and not by measure, and that the sale was not induced by fraudulent representations. The smaller details were rightly disposed of. We do not review the court for refusing to allow calculations to be sent out with the jury, unless, possibly, in very extraordinary cases. Here the principal…
2Cases cited2 opinions
- M'Carty v. EmlenSupreme Court of the United States · 1797
- Tams v. WardleSupreme Court of Pennsylvania · 1843
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- Koenig v. Curran's Restaurant & Baking Co.Superior Court of Pennsylvania · 1935
- Lyon v. Pittsburgh, Allegheny & Manchester Traction Co.Supreme Court of Pennsylvania · 1933
- Geraci v. LernerPennylvania Municipal Court, Philadelphia County · 1932
- Stranahan v. Stranahan, Pennsylvania Court of Common Pleas, Mercer County1892
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