FISCHER & PORTER CO. v. PORTER


364 Pa. 495 (1950)

Fischer & Porter Company, Appellant, v. Porter.

Supreme Court of Pennsylvania.

March 20, 1950.


Attorney(s) appearing for the Case

Henry S. Drinker, with him Albert M. Hoyt, Jr., for appellant.

D. Stewart McElhone, with him Edward B. Duffy and Desmond J. McTighe, for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, STEARNE and JONES, JJ.


OPINION BY MR. JUSTICE JONES, March 20, 1950:

The plaintiff corporation sued on a written contract to recover from the defendant the amount of a Federal income tax refund received by the defendant for a specified year covered by the contract. The questions on this appeal are (1) did the construction of the contract present a question of law for the court or one of fact for the jury and (2) if the former, what was the intent of the parties as evidenced by the terms...

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