Hartman v. Meighan
Supreme Court of Pennsylvania
Appeal, No. 169, Jan. T., 1895, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1893, No. 255, on verdict for plaintiff. Assumpsit to recover balance alleged to be due on a contract. Before Gordon, J. At the trial it appeared that on May 21, 1889, plaintiff and defendant entered into a written contract by which plaintiff was to put into.fifty-two houses of defendant, Hartman’s Improved Tubular Heater, with all connections, for $41.00 per house.
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Appeal, No. 169, Jan. T., 1895, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1893, No. 255, on verdict for plaintiff. Assumpsit to recover balance alleged to be due on a contract. Before Gordon, J. At the trial it appeared that on May 21, 1889, plaintiff and defendant entered into a written contract by which plaintiff was to put into.fifty-two houses of defendant, Hartman’s Improved Tubular Heater, with all connections, for $41.00 per house. He claimed that after he had put in $377 worth of work, consisting of the flue pipes, etc., permanently fastened in the partitions,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
It may be true, as stated by the learned counsel for appellee in his argument, that “ substantial justice has been done in this case by the verdict of the jury; ” but it is by no means certain that such was the result. Our examination of the charge in connection with the testimony has satisfied all of us that the instructions contained in so much thereof as is recited in the specification of error were erroneous, and the jury were thereby misled to the defendant’s prejudice. In the first sentence of that excerpt, the learned judge said: “Now, if you…
2Cases cited2 opinions
- Gillespie Tool Co. v. WilsonSupreme Court of Pennsylvania · 1888
- Martin v. SchoenbergerSupreme Court of Pennsylvania · 1845
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- Chautauqua Institution v. ZimmermanCourt of Appeals for the Sixth Circuit · 1916
- Smyers v. ZmitrovitchSuperior Court of Pennsylvania · 1913
- James Bonar & Co. v. South Penn Oil Co.Superior Court of Pennsylvania · 1911
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