Spring City Brick Co. v. Henry Martin Brick Machine Manufacturing Co.
Supreme Court of Pennsylvania
Appeal, No. 1, Jan. T., 1908, by plaintiff, from judgment of C. P. Montgomery Co., March T., 1907, No. 132, on verdict for defendant in case of Spring City Brick Company v. Henry Martin Brick Machine Company, Incorporated. Assumpsit to recover money back. Assumpsit on a promissory note. Verdict and judgment for defendant for $663.60. Plaintiff appealed. Errors assigned were various instructions.
1Opinion of the Court
Per Curiam,
The only question before us at present is one of jurisdiction. The facts, stated merely for explanation of the present question and without reference to the merits, appear to be that the parties entered into a contract for the supply by the appellee to the appellant of a brick drying machine. Appellant paid on account from time to time as the work progressed, and finally gave a note for the apparent balance. Dispute having arisen between the parties, appellant brought suit in assumpsit to recover back the money it had paid, on the ground of breach of warranty in regard to the work…
2Cases cited2 opinions
- Prentice v. HancockSupreme Court of Pennsylvania · 1902
- Astwood v. WanamakerSupreme Court of Pennsylvania · 1904
3Cited by3 opinions
- McGlinn's EstateSupreme Court of Pennsylvania · 1921
- Sharp v. KeiserSupreme Court of Pennsylvania · 1928
- Green v. DuffeeSupreme Court of Pennsylvania · 1911