Alcott v. Hugus
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, of Somerset County : Of July Term, 1888, No. 15. This was an action of debt (afterwards changed to assumpsit) by Isaac Hugus against Edward Alcott, to recover on a written agreement for the value of certain growing timber, which the defendant had contracted to pay for by notes at three, six, nine and twelve months.
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Error to the Court of Common Pleas, of Somerset County : Of July Term, 1888, No. 15. This was an action of debt (afterwards changed to assumpsit) by Isaac Hugus against Edward Alcott, to recover on a written agreement for the value of certain growing timber, which the defendant had contracted to pay for by notes at three, six, nine and twelve months. On the trial, before Ewing, P. J., the following facts appeared: In April, 1878, Edward Alcott and one Waltz entered into the following agreement with Isaac Hugus : “Articles of agreement made April 18, 1878, between Isaac Hugus, of Somerset,…
1Opinion of the CourtJustice Trunkey
By. the agreement Hugus sold to Alcott & Waltz “all the timber, growing and being upon a tract of land in Addison Township, containing two hundred and twelve acres, on Cucumber Run, adjoining land of W. J. Baer, which is suitable for staves, ties and manufacturing into lumber; in consideration whereof said parties of the second part shall pay presently $25, and give their four negotiable notes at three, six, nine and twelve months in equal sums, to wit: $168.71.” • Within what period the timber was to be cut and taken is not stated, but the time and mode of payment are specified. In the first…
2Cases cited1 opinion
- Kane v. FisherSupreme Court of Pennsylvania · 1834
3Cited by4 opinions
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- Burt v. North Philadelphia Trust Co.Superior Court of Pennsylvania · 1911
- Buckley's EstatePennsylvania Orphans' Court, Philadelphia County · 1938
- Pennebaker v. ParkerSuperior Court of Pennsylvania · 1907