Harris v. Ligget
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Centre county.. Absalom Ligget against Harris, Rorer -& Co'. This action originated before a justice, from whose judgment it was brought into court by appeal, where the plaintiff treated it as an action of assumpsit, and in his declaration, containing three counts, charged the defendants with work, labour, care and diligence, with a quantum meruit, and with goods - sold and delivered.
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ERROR to the Common Pleas of Centre county.. Absalom Ligget against Harris, Rorer -& Co'. This action originated before a justice, from whose judgment it was brought into court by appeal, where the plaintiff treated it as an action of assumpsit, and in his declaration, containing three counts, charged the defendants with work, labour, care and diligence, with a quantum meruit, and with goods - sold and delivered. To support his action, the plaintiff offered in evidence, an agreement in writing between him and the defendants, dated the, 19th of February 1835. This was objected’ to by the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
There is but one exception to the rule which excludes the implication of a contract where there is an express one, and even' that is an anomaly. Expressum faoit cessare taciturn, is the maxim. Yet it is certainly established by the force of precedent, that where the plaintiff has performed a special agreement to do a particular thing, he may recover the stipulated price of it by an action of indebitatus assumpsit, and use the agreement as evidence of the amount of compensation due. So this court held the law to be in Kelly v. Foster, (2…
2Cases cited4 opinions
- Kelly v. FosterSupreme Court of Pennsylvania · 1809
- Woods v. IngersollSupreme Court of Pennsylvania · 1806
- Algeo v. AlgeoSupreme Court of Pennsylvania · 1823
- M'Dowell v. IngersollSupreme Court of Pennsylvania · 1819
3Cited by10 opinions
- Witten v. StoutSupreme Court of Pennsylvania · 1925
- Lauman v. YoungSupreme Court of Pennsylvania · 1858
- Shinn v. BodineSupreme Court of Pennsylvania · 1869
- Brown v. FosterSupreme Court of Pennsylvania · 1866
- A. & S. Wilson Co. v. ReighardSupreme Court of Pennsylvania · 1911
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