Pain v. Sample
Supreme Court of Pennsylvania
Appeal, No. 181, Oct. T., 1893, by-Thomas G. Sample et al., from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1891, No. 519, on verdict for plaintiffs, James Pain & Sons v. Thomas G. Sample et al., partners, trading as Lieutenant James M. Lysle Post, No. 128. Assumpsit for contract price for performances of spectacular entertainment. The facts appear by the opinion of the Supreme Court. Defendants’ points were as follows: 1. Request for binding instructions.
Read the full summary
Appeal, No. 181, Oct. T., 1893, by-Thomas G. Sample et al., from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1891, No. 519, on verdict for plaintiffs, James Pain & Sons v. Thomas G. Sample et al., partners, trading as Lieutenant James M. Lysle Post, No. 128. Assumpsit for contract price for performances of spectacular entertainment. The facts appear by the opinion of the Supreme Court. Defendants’ points were as follows: 1. Request for binding instructions. Refused. [1] “ 2. That if the jury believe that the defendants entered into this contract as a committee on the part of James M.…
1Opinion of the Court
Opinion by
Mb,. Justice Thompson,
The ground upon which the court below based the liability of appellants was that the contract sued on was beyond the legitimate scope of the purposes of the organization represented by them. When the appellees made this contract they made it with the post as such. It is admitted of record “ that said con*431tract was entered into by said Thomas G. Sample, acting as chairman of a committee of said James M. Lysle Post, No. 128, pursuant to a resolution adopted at a meeting of certain members of said post, which resolution authorized a committee, composed of Thomas G.…
2Cases cited1 opinion
- Ash v. GuieSupreme Court of Pennsylvania · 1881
3Cited by4 opinions
- Wolfe v. Limestone Council No. 373Supreme Court of Pennsylvania · 1912
- Medlin v. Ebenezer Methodist ChurchSupreme Court of South Carolina · 1925
- Funeral Benefit Ass'n v. James E. Hyatt Council, No. 923Superior Court of Pennsylvania · 1916
- Ehrlich v. WillenskiU.S. Circuit Court for the District of Eastern Pennsylvania · 1905