Campbell v. Baker
Supreme Court of Pennsylvania
ERROR to Franklin county. This was an action by William Campbell against Nicholas Baker, to recover the price of certain grain sold and delivered. Nicholas Baker was the manager of John Doyle, who was conducting iron works, and in the course of business executed and delivered this paper to the plaintiff. “ I will come under obligations to pay William Campbell the amount of rye and corn at the time appointed.” “ For John Doyle, “ Nicholas Baker.
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ERROR to Franklin county. This was an action by William Campbell against Nicholas Baker, to recover the price of certain grain sold and delivered. Nicholas Baker was the manager of John Doyle, who was conducting iron works, and in the course of business executed and delivered this paper to the plaintiff. “ I will come under obligations to pay William Campbell the amount of rye and corn at the time appointed.” “ For John Doyle, “ Nicholas Baker. “December 1st 1823.” The grain was delivered in the mill by the plaintiff, and used by John Doyle ; and this action was brought against Baker to…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
By the common law, which coincides in this respect with the common understanding of the country, contracts made by a manager of iron works in the course of the business, and without a specific pledge of his own responsibility, bind but his employer. A party is not to be held for the debt of another without an explicit promise to pay it; and so far is this principle carried by the English statute of frauds, that such a promise is required to be in writing. That statute is not in force, nor would it affect the present contract if it were;…
2Cited by6 opinions
- United States National Bank v. Union National BankSupreme Court of Pennsylvania · 1920
- Dodson Coal Co. v. DelanoSupreme Court of Pennsylvania · 1920
- New England Marine Insurance v. De WolfMassachusetts Supreme Judicial Court · 1829
- General Electric Co. v. GillU.S. Circuit Court for the District of Eastern Pennsylvania · 1904
- Philadelphia Saving Fund Society v. Commonwealth Trust Co., Pennsylvania Court of Common Pleas, Alleghany County1941
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