Sherman v. Roberts
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Tioga county. Assumpsit. — Roberts, plaintiff below, and defendant in error, entered into a contract with one Robinson, by which the latter agreed to sell and deliver to him one hundred thousand feet of lumber, upon the terms set forth.
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Error to the Court of Common Pleas of Tioga county. Assumpsit. — Roberts, plaintiff below, and defendant in error, entered into a contract with one Robinson, by which the latter agreed to sell and deliver to him one hundred thousand feet of lumber, upon the terms set forth. Upon a Sunday in March, 1851, defendant Sherman signed the instrument upon which this action was brought; and which was endorsed on the back of the original contract as follows : “ I hereby guarantee, that the within named Charles T. Robinson, will fulfil the within contract as agreed, and in case of his neglect or refusal…
1Opinion of the Court
The opinion.
2Per curiam
— We have no doubt about the entire correctness of the manner in which the case was tried, except in this: that the learned judge instructed the jury to allow the plaintiff below, the profits,(fifty cents per M., which it appeared he might have made on thie lumber, if the defendant had fulfilled his contract. But as the plaintiff is willing to remit this part of the judgment, amounting, at most, to $50, we can correct it accordingly, without the necessity of a new trial..
Eeb. 28, 1856. The judgment for $711.17 is corrected, and it is now considered and adjudged that the plaintiff…
3Cited by6 opinions
- Reigart v. WhiteSupreme Court of Pennsylvania · 1866
- Weiler v. HenarieOregon Supreme Court · 1887
- City of Evansville v. MorrisIndiana Supreme Court · 1882
- American Radiator Co. v. HoffmanSuperior Court of Pennsylvania · 1904
- Beitenman's AppealSupreme Court of Pennsylvania · 1867
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