Stouffer v. Jackson
Superior Court of Pennsylvania
Appeal, No. 101, Oct. T., 1909, by defendant, from judgment of C. P. Huntingdon Co., May T., 1908, No. 14, on verdict for plaintiff in case of Adam Stouffer v. Theodore Jackson. Appeal from judgment of justice of the peace. Before Woods, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 101, Oct. T., 1909, by defendant, from judgment of C. P. Huntingdon Co., May T., 1908, No. 14, on verdict for plaintiff in case of Adam Stouffer v. Theodore Jackson. Appeal from judgment of justice of the peace. Before Woods, P. J. The facts are stated in the opinion of the Superior Court. Defendant presented the following points: 1. The testimony of plaintiff discloses the fact that the contract upon which the lumber was delivered, involved in this action, was made between himself and one I. M. Norris and not between himself and the defendant, and that at a time subsequent to the…
1Opinion of the Court
Opinion by
Morrison, J.,
The facts in this case raise a question under the statute of frauds and perjuries (sec. 1, Act of April 26, 1855, P. L. 308): “That no action shall be brought .... whereby to charge the defendant, upon any special promise, to answer for the debt or default of another, unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing and signed by the party to be charged therewith, or some other person by him authorized.”
While there are, in the record, four assignments of error, they only raise one question, to wit: the…
2Cases cited9 opinions
- Adams v. KuehnSupreme Court of Pennsylvania · 1888
- Delp v. Bartholomay Brewing Co.Supreme Court of Pennsylvania · 1888
- Haverly v. MercurSupreme Court of Pennsylvania · 1875
- Sargent v. JohnsSupreme Court of Pennsylvania · 1903
- Burr v. MazerSuperior Court of Pennsylvania · 1896
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3Cited by4 opinions
- Jefferson-Travis, Inc. v. Giant Eagle Markets, Inc.Court of Appeals for the Third Circuit · 1968
- Watson v. Lehigh Valley Wood Work Corp.District Court, E.D. Pennsylvania · 1961
- Shannon v. American Iron & Steel Mfg. Co.Superior Court of Pennsylvania · 1917
- Connor v. StewartSuperior Court of Pennsylvania · 1913