Forsyth v. North American Oil Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county. This was an action of assumpsit, commenced December 12th 1863, by the North American Coal Company against William H. Forsyth, Henry Forsyth and Jacob Forsyth, trading as Forsyth Brothers & Co., for failing to deliver a quantity of oil under the folloAving contract:— “ Pittsburgh, July 16th 1863. “ Purchased of Forsyth Brothers & Co. four thousand (4000) barrels good merchantable crude oil, to be delivered, in their…
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Error to the Court of Common Pleas of Allegheny county. This was an action of assumpsit, commenced December 12th 1863, by the North American Coal Company against William H. Forsyth, Henry Forsyth and Jacob Forsyth, trading as Forsyth Brothers & Co., for failing to deliver a quantity of oil under the folloAving contract:— “ Pittsburgh, July 16th 1863. “ Purchased of Forsyth Brothers & Co. four thousand (4000) barrels good merchantable crude oil, to be delivered, in their barrels, on board cars of Allegheny Valley Railroad, and paid for by us in lots as delivered, at the rate of twenty cents…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
This case presents three principal questions, the decision of which will dispose of all the assignments of error. I shall not discuss them in the order of the argument, but will notice first the question of rescission, as it bears directly on that of readiness and willingness to comply with the contract after the attempted rescission.
The notice of rescission dated and delivered on the 14th of September 1863 was absolute, and was founded on an alleged refusal to pay on demand for the oil theretofore delivered. Had the contract been performed…
2Cited by17 opinions
- Riddle Co. v. TaubelSupreme Court of Pennsylvania · 1923
- Matevish v. Ramey Borough School DistrictSuperior Court of Pennsylvania · 1950
- Honesdale Ice Co. v. Lake Lodore Improvement Co.Supreme Court of Pennsylvania · 1911
- Durham v. WickSupreme Court of Pennsylvania · 1904
- Portland Ice Co. v. ConnorSuperior Court of Pennsylvania · 1904
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