McAllister v. Morgan
Superior Court of Pennsylvania
Appeal, No. 185, Oct T., 1905, by plaintiff, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1903, No. 3724, on verdict for defendants in case of Richard McAllister v. David C. Morgan and Michael M. Sullivan, co-partners, trading as Morgan & Sullivan. Assumpsit to recover back the purchase price of a horse. Before Davis, J. The facts are stated in the opinion of the Superior Court. . The court gave binding instructions for defendant.
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Appeal, No. 185, Oct T., 1905, by plaintiff, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1903, No. 3724, on verdict for defendants in case of Richard McAllister v. David C. Morgan and Michael M. Sullivan, co-partners, trading as Morgan & Sullivan. Assumpsit to recover back the purchase price of a horse. Before Davis, J. The facts are stated in the opinion of the Superior Court. . The court gave binding instructions for defendant. Plaintiff' appealed. • Error assigned was in giving binding instructions for de-. fendant.
1Opinion of the Court
Opinion by
Orlad y, J.,
The plaintiff selected a horse at the defendants’ sales stables through bargaining with one Burrows. The plaintiff’s testimony was as follows : “ I looked at the horse and asked him1 what he wanted for it, and he said $200. I said, ‘Is he. *478sound?’ He said ‘Yes, lie is sound.’ I said I wanted a horse for a family horse, and I want him free of being afraid of engines or anything, perfectly fearless of every object, and he said he was. I said ‘ I will give you $185 for the horse,’ and he said, ‘ All right you can have it.’ Then he walked into the office of Morgan &…
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- M'Farland v. NewmanSupreme Court of Pennsylvania · 1839
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- Holmes v. TysonSupreme Court of Pennsylvania · 1892
1 more not listed; retrieve them via the Exa API.
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