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1 Monag. 433

Greenough v. Eichholtz

Supreme Court of Pennsylvania

Decided October 1, 1888

Supreme Court of Pennsylvania · decided 1888-10-01

Error, No. 413, Jan. T. 1888, to C. P. Northumberland Co., to review a judgment on a verdict in favor of the plaintiffs on an appeal from a justice of the peace at Eeb. T. 1888, No. 15. Trunkey, J., absent. This case arose on an appeal by J. E. Eichholtz and D. L. Sollenberger, trading as J. E. Eichholtz & Co., from the judgment of a justice of the peace in favor of E. W. Greenough and George B. Penn, defendants.

Decided 1888-10-01

Per Curiam,

¶1This was a case for the jury, and was submitted to that body by the court under a full and careful charge. In the face of the testimony of Eichholtz, it is folly to urge that there was not an original undertaking on part of the defendants to pay for the paper book. If his testimony was believed, as it seems to have been, the work was finished on the credit of the defendants; and the undertaking was not to pay the debt of another, for, without their promise, the work would never have been performed.

¶2Judgment affirmed.

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