Delta Marble Cutter Sues Over Rejected Tombstone
The January 30, 1900 York Press relates a lively little lawsuit filed by the stone cutter when his customer refused to take delivery. The case unfolded in the York County Common Pleas Court as reported below:
Thomas H. Wheeler, a marble cutter of Delta, is the plaintiff in an action brought to recover $100 from A. Clark Murphy by reason of his refusal to accept a monument ordered by him of the plaintiff. Sometime last winter Mr. Murphy’s wife died and wishing to erect a suitable monument to her memory he went to see Mr. Wheeler. The plaintiff had no granite monuments in stock but showed him various designs from which he finally selected one that cost $150. The monument in the design had certain lettering on the top, and Mr. Wheeler went to see Murphy to see whether he had the proper lettering, when Murphy told him that was not the design he had ordered. Wheeler asked him which one he had selected, and upon his designating one he made a special trip to Philadelphia in order to have the change made.
Upon its arrival in Delta, Murphy refused to accept the stone, having secured another stone from another firm. Mr. Wheeler then brought suit before Squire Crawford to recover $100 damages, who rendered judgment in his favor. Mr. Murphy then took an appeal and the case now come up for trial before Judge Stewart and a jury in court room No. 2. C. A. Hawkins, Esq., represents the plaintiff and N. M. Wanner and George Schmidt, Esqs. the defendant.
The plaintiff in the action brought by Thomas H. Wheeler, a marble cutter of Delta, against A. Clark Murphy, concluded their testimony shortly after the opening of court. Counsel for the defense then outlined their case to the jury. Mr. Murphy admits having several conversations with Wheeler, at which times designs of various monuments were shown him, but he emphatically denies ever giving Mr. Wheeler an order for a stone. he further asserted that the plaintiff was slightly under the influence of liquor at the times the conversations took place. Murphy according to his story wanted a plain stone without any lettering on except the name of his wife and date of her birth and death. The defense closed their case, just as adjournment time had arrived. The arguments of counsel where then heard and with the charge of the court the case was given to the jury.
Jury rendered a verdict in favor of plaintiff for the sum of $45.”
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