Fry v. National Glass Co.
Supreme Court of Pennsylvania
Appeal, No. 128, Oct. T., 1907, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1901, No. 95, on verdict for plaintiff in case of George W. Fry v. National Glass Company. Assumpsit on a contract.
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Appeal, No. 128, Oct. T., 1907, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1901, No. 95, on verdict for plaintiff in case of George W. Fry v. National Glass Company. Assumpsit on a contract. Before Macfarlane, J. See 207 Pa. 505. The court charged in part as follows: In 1900 Mr. Fry says that he had an option on the Union-town glass plant, and, as he wanted natural gas, he entered into negotiations with some gentlemen there who had not taken out a charter, but they called themselves the Union-town Gas Company, to secure a supply of gas, and he seems to have had a…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In a former trial of this case, the plaintiff set up a contemporaneous oral agreement for the purpose of modifying a written contract. Upon appeal to this court (Fry v. National Glass Co., 207 Pa. 505), we held that evidence of the parol agreement was inadmissible, and reversed because it was admitted. A new trial was awarded, because the defendant had pleaded set-off, and might be entitled to a certificate in its favor. After the record had been remitted to the court below, plaintiff filed an amended statement, in which it was averred that “ Subsequent to the…
2Cases cited7 opinions
- James H. Harlow & Co. v. Borough of HomesteadSupreme Court of Pennsylvania · 1899
- Spees v. BoggsSupreme Court of Pennsylvania · 1903
- Bartlett v. RothschildSupreme Court of Pennsylvania · 1906
- Fries v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1881
- Robb v. MannSupreme Court of Pennsylvania · 1849
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3Cited by9 opinions
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- Philadelphia v. RaySupreme Court of Pennsylvania · 1920
- South Side Trust Co. v. Washington Tin Plate Co.Supreme Court of Pennsylvania · 1916
- Meyer v. ShicklerSuperior Court of Pennsylvania · 1911
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