Canfield v. Johnson
Pennsylvania Court of Common Pleas, Tioga County
No. 84 July Term 1890, Sup. Ct.; court below, No. 207 April Term 1887, C. P. On March 3, 1887, C. B. Canfield, surviving partner of C. B. Canfield and others, doing business as the New England Monument Company, brought assumpsit against F. A. Johnson and A. J. VanDusen, doing business as Johnson & VanDusen.
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No. 84 July Term 1890, Sup. Ct.; court below, No. 207 April Term 1887, C. P. On March 3, 1887, C. B. Canfield, surviving partner of C. B. Canfield and others, doing business as the New England Monument Company, brought assumpsit against F. A. Johnson and A. J. VanDusen, doing business as Johnson & VanDusen. The declaration, filed August 8, 1887, was in the common counts, preceded by a special count averring in substance : That in 1885, the George Cook Post, G. A. R., No. 315, Department of Pennsjdvania, was offering to enter into a contract with plaintiffs and others for the erection of a…
1Opinion of the Court
Opinion,
"Mr. Justice Green:
The contract in question between these parties was made with the defendants by an agent of the plaintiffs. On the trial, the plaintiffs, having examined the agent who made the contract, and proved by him its terms as he had made it, proposed to prove that he informed them of what he had done, and that they thereupon accepted the contract and undertook to execute *74it. This offer of proof was rejected by the learned court below. It is difficult to understand upon what principle this testimony was rejected. The contract having been made through the intervention of an…
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