Gibson v. Union Rolling Mill Co.
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Alleghany county. This was an action of assumpsit, instituted against James Gibson, and founded on what are popularly called promissory notes for the delivery of pig metal, given by Gibson, jointly and severally with Thompson M’Kean, to the plaintiffs belovv.
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WRIT of error to the court of common pleas of Alleghany county. This was an action of assumpsit, instituted against James Gibson, and founded on what are popularly called promissory notes for the delivery of pig metal, given by Gibson, jointly and severally with Thompson M’Kean, to the plaintiffs belovv. The notes were four in number, and dated the 10th of April 1825, and were respectively of the following amount, viz. 1st. Note at 9 months for 20 tons, with a credit on the 19th of May 1827, of 13 tons 18 cwt; 2d. Note at 12 months for 20 tons ; 3d. Note at 15 months for 19 tons ; 4th. Note…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Parties who have treated on the basis of a fact falsified by the event, are not bound, because they acceded to the contract on a condition not performed. But did the plaintiffs treat on the basis that Page had a.title to one-third of the Cool Spring Iron-works Í That fact was exclusively for the consideration of the defendant, being a matter in which, so far as regarded his inducement to execute the notes, the plaintiffs were not concerned. They had recovered judgments against the partners carrying on the business of those works, under…
2Cited by4 opinions
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