McNish v. Reynolds, Lamberton & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Venango county: Of October and November Term 1880, No. 276. Assumpsit by W. C. McNish, to the use of F. R. Martin, against J. B. Reynolds, S. H. Lamberton and R. Colbert, trading as Reynolds,-Lamberton & Co. At the trial, before Taylor, P. J., it appeared that in April 1877, W. C. McNish agreed to buy of George Van Vleck five thousand barrels of'oil, on or before December 31st 1877, at seller’s option, at the rate of $2.51J per barrel.
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Error to the Court of Common Pleas of Venango county: Of October and November Term 1880, No. 276. Assumpsit by W. C. McNish, to the use of F. R. Martin, against J. B. Reynolds, S. H. Lamberton and R. Colbert, trading as Reynolds,-Lamberton & Co. At the trial, before Taylor, P. J., it appeared that in April 1877, W. C. McNish agreed to buy of George Van Vleck five thousand barrels of'oil, on or before December 31st 1877, at seller’s option, at the rate of $2.51J per barrel. To secure the faithful performance of his contract, McNish deposited with the defendants' $2500 as a margin. It appeared…
1Opinion of the CourtJustice Trunkey
Van Vleck contracted to sell to McNish five thousand barrels of oil at $2.51J per barrel, to be delivered at seller’s option, at any time from April 20th to December 31st 1877, to be paid for as delivered. McNish testifies, that on the last day of June, at Titus-ville, Bettes, acting for the seller, tendered the oil to the buyer, who answered that he was not in condition to take the oil and pay for it, but could if he had a little time; whereupon the agent referred him to his principal. On the same day he went to Oil City and there met the principal, Van Vleck, and what passed he states thus…
2Cited by8 opinions
- York Metal & Alloys Co. v. Cyclops Steel Co.Supreme Court of Pennsylvania · 1924
- Dreifus v. Columbian Exposition Salvage Co.Supreme Court of Pennsylvania · 1900
- McSorley v. CoyleSuperior Court of Pennsylvania · 1909
- Fleck v. CollinsSuperior Court of Pennsylvania · 1905
- M. W. Zack Company, a Michigan Corporation v. R. D. Werner Co., Inc., a Pennsylvania CorporationCourt of Appeals for the Sixth Circuit · 1955
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