Mervine v. Arndt
Superior Court of Pennsylvania
Appeal, No. 9, Jan. T., 1907, by plaintiff, from judgment of C. P. Monroe Co., Feb. T., 1905, No. 9, on verdict for defendant in case of Wade H. Mervine v. Thomas Arndt. Assumpsit for price of goods sold at auction.
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Appeal, No. 9, Jan. T., 1907, by plaintiff, from judgment of C. P. Monroe Co., Feb. T., 1905, No. 9, on verdict for defendant in case of Wade H. Mervine v. Thomas Arndt. Assumpsit for price of goods sold at auction. Before Staples, P. J. At the trial plaintiff presented this point: If the jury believe from all the evidence that the sale of the potato digger to Thomas Arndt, the defendant, was at a public sale or vendue; that the said defendant bid the price or sum of $45.25 on said digger, and that was the highest bid on the same; that after the digger was knocked down to the defendant, in…
1Opinion of the Court
Opinion by
Beavek, J.,
The court below having directed a verdict for the defendant, the case is to be considered upon the testimony of the plaintiff alone. Several issues of fact, including an important one, as to whether or not the defendant had actually made the bid, *335upon which the personal property, for the recovery of the purchase price of which this- action of assumpsit was brought, was knocked, down, which was stoutly denied by him, and in which he was strongly corroborated, need not be considered. Whether the sale was for cash or upon credit, upon the condition that a note with approved…
2Cases cited4 opinions
- Welsh v. BellSupreme Court of Pennsylvania · 1858
- Hand v. MatthewsSupreme Court of Pennsylvania · 1904
- Mitchell v. ZimmermanSupreme Court of Pennsylvania · 1885
- Brown v. ReberSuperior Court of Pennsylvania · 1906
3Cited by1 opinion
- Herbert EstateSupreme Court of Pennsylvania · 1947