Legal Opinion

Willcox & Gibbs Sewing MacHine Co. v. Ewing

Supreme Court of the United States

Decided November 16, 1891No. 64PublishedCited by 85 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. The court stated tbe casé as follows: This writ of error brings up for review a judgment based upon a verdict for $15,000".as the damages which a jury found were sustained by the defendant in error, Ewing, on account of an alleged breach of a written contract between him and the Willcox and Gibbs Sewing Machine Company, the plaintiff in error, of date October 15,. 1874. The case depends…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. The court stated tbe casé as follows: This writ of error brings up for review a judgment based upon a verdict for $15,000".as the damages which a jury found were sustained by the defendant in error, Ewing, on account of an alleged breach of a written contract between him and the Willcox and Gibbs Sewing Machine Company, the plaintiff in error, of date October 15,. 1874. The case depends upon the construction of that contract. On the 16th of May, 1867, the parties entered into a written agreement,…

1Opinion of the Court

Me. Justice Hablan,

after stating the case,. delivered the opinion Of the court.

If this action was based .upon the agreement of 1867, there would be some ground for holding that the company was obliged, by that agreement, to continue Ewing as agent so long as he performed its stipulations. We are only concerned, however, with the agreement of 1874, which materially differs from that of 1867, and expressly provides that all prior contracts between the parties “ are hereby nullified and satisfied.” It is only for a breach of the contract of 1874. the plaintiff sues. Looking at all the provisions…

2Cited by85 opinions

  1. Paisley v. LucasSupreme Court of Missouri · 1940
  2. E. I. Du Pont De Nemours & Co. v. Claiborne-Reno Co.Court of Appeals for the Eighth Circuit · 1933
  3. Mathews Conveyer Co. v. Palmer-Bee Co.Court of Appeals for the Sixth Circuit · 1943
  4. Slonaker v. P. G. Publishing Co.Supreme Court of Pennsylvania · 1940
  5. Stonega Coal & Coke Co. v. Louisville & Nashville RailroadSupreme Court of Virginia · 1906

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