Commonwealth v. Gibson
Superior Court of Pennsylvania
Appeal, No. 80, April T.,, 1917, by plaintiff, from order of C. P. Armstrong Co., June T., 1912, No. 22, refusing to take off nonsuit in case of Commonwealth to use of School District of Kittanning Borough y. David Gibson and John Campbell and A. E. Butler, doing business as Campbell & Butler, Garnishees. Attachment execution.
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Appeal, No. 80, April T.,, 1917, by plaintiff, from order of C. P. Armstrong Co., June T., 1912, No. 22, refusing to take off nonsuit in case of Commonwealth to use of School District of Kittanning Borough y. David Gibson and John Campbell and A. E. Butler, doing business as Campbell & Butler, Garnishees. Attachment execution. Before King, P. J. The facts are stated in the opinion of the Superior Court. , The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Henderson, J.,
A brief statement of the facts will disclose the question at issue in this case. David Gibson recovered a judg*375ment for $987.57 in the Court of Common Pleas of Armstrong County in an action of assumpsit against Campbell & Butler. The claim was based on a parol contract by the terms of which the defendants agreed to pay to the plaintiff: (1) One hundred dollars per month for the services of himself and his team used in hauling material for the defendants; (2) all sums expended by the plaintiff for boarding while away from home; (3) compensation at the rate of $1.50 per…
2Cases cited5 opinions
- Smith v. BrookeSupreme Court of Pennsylvania · 1865
- Pennsylvania Coal Co. v. CostelloSupreme Court of Pennsylvania · 1859
- Heebner v. ChaveSupreme Court of Pennsylvania · 1847
- Carey v. LamerouxSuperior Court of Pennsylvania · 1903
- Gibson v. CampbellSupreme Court of Pennsylvania · 1914
3Cited by1 opinion
- Diamond T. Motor Car Co. v. PattersonSuperior Court of Pennsylvania · 1929