Wilkinson Manufacturing Co. v. Welde
Supreme Court of Pennsylvania
Appeal, No. 408, Jan. T., 1899, by defendants, from judgment of C. P. No. 4, Phila. Co., June TV, 1897, No. 1600, on verdict for plaintiff, in case of Wilkinson Manufacturing Company v. John Welde, James J. Hitschler and Welde & Thomas Brewing Company. Assumpsit on a written contract.. Before Alnóld, P. J. Plaintiff recovered a verdict for $3,500. The court ordered a new trial unless plaintiff would remit all damages in excess of $2,000 and interest.
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Appeal, No. 408, Jan. T., 1899, by defendants, from judgment of C. P. No. 4, Phila. Co., June TV, 1897, No. 1600, on verdict for plaintiff, in case of Wilkinson Manufacturing Company v. John Welde, James J. Hitschler and Welde & Thomas Brewing Company. Assumpsit on a written contract.. Before Alnóld, P. J. Plaintiff recovered a verdict for $3,500. The court ordered a new trial unless plaintiff would remit all damages in excess of $2,000 and interest. Plaintiff filed a remittitur and defendant appealed. Error assigned among others was in admitting in evidence the contract produced by defendant…
1Opinion of the Court
Opinion bv
Mr. Justice Bbown,
This suit was brought upon a written contract. In its statement filed, the appellee sets forth that the defendants, on or about July 8, 1896, had entered into an agreement with it, in writing, for the purchase of four stokers, and a copy of the alleged contract was attached to and made part of the statement. .In their affidavit of defense, the defendants specifically denied that they had ever executed any such contract as was declared upon and set forth totidem verbis in the statement. With notice so given to it by the defendants in their affidavit of defense,…
2Cited by17 opinions
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- Campbell v. Latona Building & Loan Ass'nSuperior Court of Pennsylvania · 1927
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