Stewart v. Turner
Superior Court of Pennsylvania
Appeal, No. 39, March T., 1919, by defendant, from judgment of C. P. Luzerne Co., May T., 1916, No. 576, on verdict for plaintiff in case of William W. Stewart, William H. Stewart, Horace E. Stewart, Charles E. Stewart, Allen R. Stewart, doing' business as W. W. Stewart & Sons, v. C. S. Turner and C. S. Turner, doing business as C. S. Turner Company. Assumpsit on written contract. Before Woodward, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 39, March T., 1919, by defendant, from judgment of C. P. Luzerne Co., May T., 1916, No. 576, on verdict for plaintiff in case of William W. Stewart, William H. Stewart, Horace E. Stewart, Charles E. Stewart, Allen R. Stewart, doing' business as W. W. Stewart & Sons, v. C. S. Turner and C. S. Turner, doing business as C. S. Turner Company. Assumpsit on written contract. Before Woodward, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,119.76 and judgment thereon. Defendant appealed. Errors assigned, among others, were various rulings on…
1Opinion of the Court
Opinion by
Porter, J.,
This is a second appeal in this litigation from judgments entered by the court below, our decision in the former appeal is reported in 67 Pa. Superior Ct. 255. The facts are fully stated in the former opinion and it is not necessary here to repeat them. We there held that the sum which the parties had in their contract provided should be paid as a penalty for a breach of the contract, was a penalty and not liquidated damages. The case went back to the court below and was tried by a jury. The plaintiffs at the trial moved to amend their statement by striking out the…
2Cases cited4 opinions
- Wilson v. WernwagSupreme Court of Pennsylvania · 1907
- Pittsburg Gauge Co. v. Ashton Valve Co.Supreme Court of Pennsylvania · 1898
- Hendler v. QuigleySuperior Court of Pennsylvania · 1909
- Stewart v. TurnerSuperior Court of Pennsylvania · 1917
3Cited by3 opinions
- Stevenson v. SmithSuperior Court of Pennsylvania · 1923
- Eastern Terminal Lumber Co. v. StitzingerCourt of Appeals for the Third Circuit · 1929
- H. H. Lineaweaver & Co. v. McFaddenSupreme Court of Pennsylvania · 1923