Fessler v. Love & Powell
Supreme Court of Pennsylvania
Error to the Common Pleas of Lycoming county. This was an action of assumpsit, brought December 8th 1860, by Benjamin D. Love and Samuel Powell, doing business as Love & Powell, against P. Gr. Fessler. The plaintiffs declared on two promissory notes of defendant, dated May 16th and 17th 1860, for $456.60, at six months, to which defendant pleaded non assumpsit and payment with leave, &c.
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Error to the Common Pleas of Lycoming county. This was an action of assumpsit, brought December 8th 1860, by Benjamin D. Love and Samuel Powell, doing business as Love & Powell, against P. Gr. Fessler. The plaintiffs declared on two promissory notes of defendant, dated May 16th and 17th 1860, for $456.60, at six months, to which defendant pleaded non assumpsit and payment with leave, &c. The special matter relied on as a defence was as follows:— That the notes or writings on which plaintiffs claim were given in pursuance of an agreement in writing between the parties, dated the 10th day of…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
If the agreement of 10th October 1859 be regarded as an entire contract, which is perhaps the sound view to take of it, the defendant destroyed its entirety by accepting the plaintiffs’ part performance, and making payment therefor in the money and notes of 17th May 1860. The consequence of this was to give the plaintiffs a right of action for the logs delivered. Fessler might have stood upon the agreement and demanded full performance, and then nothing less than substantial performance on the part of the plaintiffs could have given them a…
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- Bayne v. GaylordSupreme Court of Pennsylvania · 1834
- Carman v. Franklin Fire Ins.Supreme Court of Pennsylvania · 1843
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