Weaver v. Fegely & Brother
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. This was an action on the case in assumpsit, brought by Eegely & Brother against Charles B. Weaver, to recover the price of a large quantity of anthracite coal sold and delivered to the defendants by the ton. The only matter in dispute between the parties was, whether the ton consisted of 2000 pounds, or 2240 pounds avoirdupois. The plaintiffs contended for the former, the defendant for the latter.
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Error to the Common Pleas of Berks county. This was an action on the case in assumpsit, brought by Eegely & Brother against Charles B. Weaver, to recover the price of a large quantity of anthracite coal sold and delivered to the defendants by the ton. The only matter in dispute between the parties was, whether the ton consisted of 2000 pounds, or 2240 pounds avoirdupois. The plaintiffs contended for the former, the defendant for the latter. The court below (Jones, P. J.) decided that 2000 pounds constituted a ton, and directed the jury to make up their verdict accordingly. The jury found for…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, O. J.
The question raised in this case was decided in Evans v. Myers, 1 Casey 114. It was not then supposed, by any one, that Congress had exercised their constitutional power to fix a standard of weights and measures. In the decision since pronounced by Judge Grier, in Holt v. The Steamer Miantonomi, it is fully conceded that they have not hitherto exercised that power. The same concession is made by Judge Story, in his Commentaries on the Constitution. The omission to exercise this power was in fact made a matter of complaint and remonsti’ance…
2Cases cited7 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Houston v. MooreSupreme Court of the United States · 1820
- Fox v. OhioSupreme Court of the United States · 1847
- Boyle v. ZacharieSupreme Court of the United States · 1832
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