Preston v. Finney
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Bradford county. Nathan N. Finney and others against Mark Preston. This was an action on the case, in which the plaintiffs declared upon a written contract by which they agreed to cut, haul, and deliver to the defendant, 1000 white pine saw logs, of a specified size, and within a particular time, to wit, by the 15th of March; for which the defendant agreed to pay them $450 ■— one-half thereof as the work progressed, and the other half on the 1st…
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ERROR to the Common Pleas of Bradford county. Nathan N. Finney and others against Mark Preston. This was an action on the case, in which the plaintiffs declared upon a written contract by which they agreed to cut, haul, and deliver to the defendant, 1000 white pine saw logs, of a specified size, and within a particular time, to wit, by the 15th of March; for which the defendant agreed to pay them $450 ■— one-half thereof as the work progressed, and the other half on the 1st of June thereafter. The plaintiffs gave in evidence the agreement, and then proved by witnesses that they had delivered…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The error complained of in the charge of the court is, in instructing the jury that the plaintiffs might recover the apportioned value of the number of logs delivered, deductingtherefrom the damage sustained by the defendant, in not delivering strictly according to the contract. The defendant contends *55that the contract being entire, it was incumbent on the plaintiffs to show a performance of all that was stipulated on their part to be performed, and on failure so to do, they are not entitled to recover any thing. The law would undoubtedly…
2Cited by12 opinions
- Pepper v. City of Philadelphia ex rel. HorterSupreme Court of Pennsylvania · 1886
- Pressy v. McCornackSupreme Court of Pennsylvania · 1912
- Hartupee v. City of PittsburghSupreme Court of Pennsylvania · 1881
- Wright v. CumpstySupreme Court of Pennsylvania · 1861
- Hall v. RupleySupreme Court of Pennsylvania · 1849
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