Legal Opinion

Ballentine v. Robinson

Supreme Court of Pennsylvania

Decided November 2, 1863PublishedCited by 26 opinions

Error to the District Court of Allegheny county. This was an action of assumpsit brought by William C. Robinson, P. H. Miller, Witherow Douglass, and Wilson Miller, partners doing business as Robinson, Douglass & Millers, against Nathaniel Ballentine and George Hutchinson, partners trading as Hutchinson & Ballentine.

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Error to the District Court of Allegheny county. This was an action of assumpsit brought by William C. Robinson, P. H. Miller, Witherow Douglass, and Wilson Miller, partners doing business as Robinson, Douglass & Millers, against Nathaniel Ballentine and George Hutchinson, partners trading as Hutchinson & Ballentine. The plaintiffs filed a declaration containing the common ■which they afterwards amended by setting out the following special contract:— “ On the first day of May 1861, an agreement was made between the plaintiffs and the defendants, whereby the plaintiffs were to provide…

1Opinion of the Court

The opinion of the court was delivered, November 2d 1863, by

Strong, J.

The parties entered into a contract by which it was stipulated that the plaintiffs should furnish' the materials and *179construct for the defendants a steam-engine of a described pattern, for which the defendants engaged to pay the sum of $535 on its completion. The engine having been finished pursuant to the contract, and notice of its completion having been given to the defendants, they refused to pay the stipulated price. Hence this suit, in which the only question raised is, what is the correct measure of damages for such…

2Cases cited1 opinion

  1. Bement v. SmithNew York Supreme Court · 1836

3Cited by26 opinions

  1. Vilsack v. WilsonSupreme Court of Pennsylvania · 1920
  2. Frank Pure Food Co. v. DodsonSupreme Court of Pennsylvania · 1924
  3. Pantano v. Zamer Motor Sales Co.Superior Court of Pennsylvania · 1952
  4. Henderson v. JenningsSupreme Court of Pennsylvania · 1910
  5. Kinkead v. LynchU.S. Circuit Court for the District of Nevada · 1904

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