Bartolet v. Saylor

Supreme Court of Pennsylvania

Bartolet v. Saylor

12 A. 854, 8 Sadler 570, 1888 Pa. LEXIS 869

CourtSupreme Court of Pennsylvania

DecidedMarch 5, 1888

DocketNo. 42, E. D.

StatusPublished

Cited by1 cases

This text of 12 A. 854 (Bartolet v. Saylor) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bartolet v. Saylor, 12 A. 854, 8 Sadler 570, 1888 Pa. LEXIS 869 (Pa. 1888).

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Opinion

Per Curiam:

The material exceptions, in this case, are to the charge of the learned judge; we have examined both the charge and exceptions, and find in the latter nothing that we can sustain. The question was one of fraud; and this question was fully and fairly submitted to the jury. If Kaercher’s testimony was believed, as it seems to have been, there was clearly no fraud in what he did, either actual or constructive. He had reached the limit authorized by his client, and he intended to bid no more; neither did he interfere to prevent others from bidding against McCool. Under these circumstances he was at liberty to make, with the purchaser, what arrangement he thought best for his client; and clearly, the arrangement he did make injured neither the defendant nor his creditors.

The judgment is affirmed.

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Per Curiam:

The material exceptions, in this case, are to the charge of the learned judge; we have examined both the charge and exceptions, and find in the latter nothing that we can sustain. The question was one of fraud; and this question was fully and fairly submitted to the jury. If Kaercher’s testimony was believed, as it seems to have been, there was clearly no fraud in what he did, either actual or constructive. He had reached the limit authorized by his client, and he intended to bid no more; neither did he interfere to prevent others from bidding against McCool. Under these circumstances he was at liberty to make, with the purchaser, what arrangement he thought best for his client; and clearly, the arrangement he did make injured neither the defendant nor his creditors.

The judgment is affirmed.

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Bluebook (online)

12 A. 854, 8 Sadler 570, 1888 Pa. LEXIS 869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartolet-v-saylor-pa-1888.

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