62 Pa. 457 | Pa. | 1870
The opinion of the court was delivered,
It is admitted in the printed argument of the plaintiffs in error that the first four assignments of error raise but a single question for decision, and this dispenses with the necessity of considering them separately. That question as stated in the plaintiffs’ 1st point which the learned- judge below answered in the negative is, whether when a partner signs with a seal the firm name to a contract to the validity of which a seal is not essential, it binds the firm. This question, of course, has reference to the particular instrument which formed the ground work of the action. It was a contract to deliver merchandise at a future time for a certain price to be paid by the plaintiffs, and the
But the judgment must be reversed, for tbe verdict is bad. This was expressly decided by this court in Miller v. Hower, 2 Rawle 53, that a verdict in án action of debt finding no specific sum is void, and tbe judgment was reversed on that ground alone; and this is again recognised and approved in Whitesides v. Russell, 8 W. & S. 47. '
Judgment reversed and venire facias de novo awarded.