Liggett v. Ritter
Superior Court of Pennsylvania
Appeal, No. 18, March T., 1913, by defendant, from judgment of C. P. Cumberland Co., May T., 1912, No. 20, on verdict for plaintiff in case of Cyrus Liggett v. L>. F. P. Ritter. Assumpsit for breach of warranty. Before Sadler, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 18, March T., 1913, by defendant, from judgment of C. P. Cumberland Co., May T., 1912, No. 20, on verdict for plaintiff in case of Cyrus Liggett v. L>. F. P. Ritter. Assumpsit for breach of warranty. Before Sadler, P. J. The facts are stated in the opinion of the Superior Court. Defendant presented these points: 4. If the jury find from the evidence that the plaintiff in this action presented his petition to the court of common pleas of Cumberland county, in No. 217, February Term, 1912, to open the judgment in that case, which was entered and confessed on the note given by the…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s action was on a contract of warranty alleged to have been entered into on the sale of a horse. Payment of the purchase money was secured by a judgment promissory note. After the plaintiff had taken possession of the horse he discovered, as he contended, that it was not as represented in the warranty and thereupon a return of the horse was tendered which wás refused by the vendor. On the maturity of the note the defendant caused an execution to be issued. The plaintiff then presented an application in the court of common pleas for an order opening the…
2Cases cited7 opinions
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- Himes v. KiehlSupreme Court of Pennsylvania · 1893
- Gardner v. KiehlSupreme Court of Pennsylvania · 1897
- Hyde v. KiehlSupreme Court of Pennsylvania · 1898
- Pennsylvania R. R. v. DavenportSupreme Court of Pennsylvania · 1893
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3Cited by1 opinion
- Continental Bank v. FrankSupreme Court of Pennsylvania · 1985