Greenough v. Eichholtz
Citations
- 1 Monag. 433
- 15 A. 712
- 1888 Pa. LEXIS 732
Syllabus
<p>On an action to recover a balance due for printing the paper book of a case in the supreme court, the plaintiffs offered evidence to prove that, after printing a certain portion of the book, under a contract with another party, they refused to proceed until they were paid, as the work progressed; that the defendants, who were counsel for the parties for whom the book was being printed, thereupon went to the plaintiffs and one of them said that the plaintiffs should go ahead, and that they, the defendants, would see that the plaintiffs got the balance of the money; that the other defendant nodded acquiescence to this agreement and the plaintiffs, relying on the promise, finished the book. This was denied by defendants. Seld that, if plaintiffs’ evidence was believed, there was a, joint original undertalcing on the part of the defendants to pay for the balance due, and not an agreement to answer the debt of another, which, under the Act of April 26,1855, must be in writing.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- declining, in the absence of legislative directive, to give retrospective effect to statutory amendment eliminating double damages in tort case
- amendment eliminating double damages for dog bites not retroactive because plaintiff had a “vested right” in the double recovery at the time he was bitten
- statute enacted after injury did not limit “right to double remedial damages,” which arose “at the time of the injury”
- amendment to dog bite statute eliminating automatic double damages provision would not apply to plaintiff who was bitten by dog and brought suit before amendment took effect
- statute changing recovery from double damages to damages will not be applied retroactively to a pending case because to do so would destroy the “vested right” to double damages which arose at the time of the injury
- statute changing recovery from double damages to damages
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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