Stern Mfg. Co. v. Geo. W. Smith & Co.
Supreme Court of Pennsylvania
Appeal, No. 109, Jan. T., 1922, by defendant, from judgment of C. P. No. 1, Dec. T., 1918, No. 4128, on verdict for plaintiff, in case of Stern Manufacturing Co. to use of Samuel Stern v. George W. Smith & Co., Inc. Assumpsit for labor and material. Before Patterson, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,028.26. Defendant appealed.
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Appeal, No. 109, Jan. T., 1922, by defendant, from judgment of C. P. No. 1, Dec. T., 1918, No. 4128, on verdict for plaintiff, in case of Stern Manufacturing Co. to use of Samuel Stern v. George W. Smith & Co., Inc. Assumpsit for labor and material. Before Patterson, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,028.26. Defendant appealed. Error assigned, inter alia, was refusal of defendant’s motion for judgment n. o. v., quoting record.
1Opinion of the Court
Per Curiam,
This was an action in assumpsit wherein plaintiff claimed to recover upon a quantum meruit for materials and labor, together with profits which might have been realized upon completion of a contract in writing, providing for the encasing of ammunition boxes with iron for use of the federal government, which contract was cancelled by defendant before completion. The contract was originally made with the Stern Manufacturing Company and subsequently assigned to the use-plaintiff. A verdict was rendered in favor of plaintiff and, upon refusal of the court below to either grant a new…
2Cases cited2 opinions
- Howes v. ScottSupreme Court of Pennsylvania · 1909
- Hamilton v. BrownSupreme Court of Pennsylvania · 1851
3Cited by6 opinions
- Grubnau v. Centennial National BankSupreme Court of Pennsylvania · 1924
- Merwine v. Mt. Pocono Light & Improvement Co.Supreme Court of Pennsylvania · 1931
- Commonwealth v. Maryland Casualty Co.Supreme Court of Pennsylvania · 1952
- Automobile Securities Co. v. WilsonSupreme Court of Pennsylvania · 1928
- Lebanon Valley St. Ry. Co. v. MichlovitzSupreme Court of Pennsylvania · 1933
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