Bower v. Fenn
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county: Of May Term 1879, No. 155. Ejectment by Robert S. Bower against James V. Fenn and Rebecca J. Fenn, his wife, to enforce the payment - of certain money due upon a mortgage given by Fenn and his wife, upon the property of the wife, to ^ecure the payment of $9000. It appeared that Boiler, who was a druggist of many years’ experience, offered for sale the stock, fixtures, lease and good-will of his drug store at Eighteenth…
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Error to the Court of Common Pleas of Dauphin county: Of May Term 1879, No. 155. Ejectment by Robert S. Bower against James V. Fenn and Rebecca J. Fenn, his wife, to enforce the payment - of certain money due upon a mortgage given by Fenn and his wife, upon the property of the wife, to ^ecure the payment of $9000. It appeared that Boiler, who was a druggist of many years’ experience, offered for sale the stock, fixtures, lease and good-will of his drug store at Eighteenth and Market streets, Philadelphia. Fenn, who lived in Harrisburg and who had no knowledge of the drug nusmess, entered into…
1Opinion of the CourtJustice Gordon
The only assignment of error that has particularly drawn our attention in this case, is that embracing the answer to the plaintiff’s fifth point. 'Complaint is made that the answer is not responsive to the point, and this, we think, is well founded. It only remains for us to consider whether the plaintiff wras entitled to an affirmative answer, for if not, if it might have-been negatived or refused; then he has nothing of which to complain. The point is as follows: “Even if the jury should believe that Fenn relied upon the statements as to the value of the stock, made by the plaintiff, yet if…
2Cases cited1 opinion
- Fisher v. WorrallSupreme Court of Pennsylvania · 1843
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- Lake v. ThompsonSupreme Court of Pennsylvania · 1951
- Rothermel v. PhillipsSupreme Court of Pennsylvania · 1928
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