Hocking v. Hamilton
Supreme Court of Pennsylvania
Appeal, No. 147, Oct. T., 1893, by defendants, S. M. Hamilton et al., trading as S. M. Hamilton & Co., from judgment of C. P. Somerset Co., Feb. T., 1890, No. 98, on report of referee in favor of plaintiffs, John T. Hooking et al., trading as the 'Hooking Coal Co. Assumpsit for breach of contract to purchase coal. The case was referred to H. L. Baer, Esq., as referee.
Read the full summary
Appeal, No. 147, Oct. T., 1893, by defendants, S. M. Hamilton et al., trading as S. M. Hamilton & Co., from judgment of C. P. Somerset Co., Feb. T., 1890, No. 98, on report of referee in favor of plaintiffs, John T. Hooking et al., trading as the 'Hooking Coal Co. Assumpsit for breach of contract to purchase coal. The case was referred to H. L. Baer, Esq., as referee. The material portions of the contract, signed and sealed by the parties named, were as follows: “ This agreement, made and entered into this third day of December, eighteen hundred and eighty-seven, between S. Mar-land Hamilton,…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
Appellants rest their defence to this action, which was brought to recover damages for nonperformance of a contract and for the price of coal delivered, upon the grounds that the contract was not executed by appellants’ firm, that under it they were not bound to furnish cars to appellee, for shipment of coal, and that when suit was brought the cause of action had not accrued.
Appellants, on November 21, 1887, wrote to appellee as follows: “We are about consummating our arrangements for a supply of coal for the year 1888, and in looking over the field open to us…
2Cases cited5 opinions
- Lovell v. St. Louis Mutual Life InsuranceSupreme Court of the United States · 1884
- Kunkle v. MitchellSupreme Court of Pennsylvania · 1867
- Swisshelm v. Swissvale Laundry Co.Supreme Court of Pennsylvania · 1880
- Campbell v. GatesSupreme Court of Pennsylvania · 1849
- Hall v. WhiteSupreme Court of Pennsylvania · 1889
3Cited by23 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Wolgin v. Atlas United Financial CorporationDistrict Court, E.D. Pennsylvania · 1975
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- Tudesco Et Ux. v. WilsonSuperior Court of Pennsylvania · 1948
- Camenisch v. AllenSuperior Court of Pennsylvania · 1945
18 more not listed; retrieve them via the Exa API.