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· 1/21/1902

Canfield v. Nagle

Citations

  • 19 Pa. Super. 210
  • 1902 Pa. Super. LEXIS 64

Syllabus

<p>Set-off — Contract—Evidence.</p> <p>In an action by E. Canfield’s Sons to recover the price of a carload of lumber, it appeared that the defendant bought the lumber through A. E. Canfield who did not represent himself to be a member of the plaintiff firm. The order for the lumber and the bill forwarded in advance of the lumber showed the names of two persons as members of the firm, but not the name of A. E. Canfield. Defendant sought to set off a claim which he had for work on the property of Mrs. A. E. Canfield. It seems that Mrs. Canfield had agreed that a village improvement association should do this work for which she was to pay. The association turned the work over to the defendant. The defendant admitted that, he had no contract with A. E. Canfield or his wife for this work. Held, that there was no error in excluding the set-off.</p>

Judges: Beaver, Orlady, Porter, Rice

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