Flannery v. Dechert
Supreme Court of Pennsylvania
Error to the Common Pleas of BerJcs county. This was an action of assumpsit by Henry Flannery, plaintiff in error, and plaintiff below, vs. Elijah Dechert. This suit was instituted to recover from the defendant damages for refusing to accept a transfer of 51 shares of stock in the Berks County Bank, and pay for the same, according to the agreement of the parties.
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Error to the Common Pleas of BerJcs county. This was an action of assumpsit by Henry Flannery, plaintiff in error, and plaintiff below, vs. Elijah Dechert. This suit was instituted to recover from the defendant damages for refusing to accept a transfer of 51 shares of stock in the Berks County Bank, and pay for the same, according to the agreement of the parties. February 23, 1848. This cause being at issue and the jury sworn, the plaintiff, to maintain the issue on his part, gave in evidence a paper executed by the defendant, of which the following is a copy: “I do hereby agree to take a…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
It is not necessary that a contract should be signed by both parties ; it may be good, although signed by only one. The assent of the other may be inferred from his possession of the paper or writing and other circumstances. In addition to the possession of the writing, the offer or tender to perform his implied part of the engagement, by transferring the stock at the time specified, was evidence that he assented to it.
Contracts to buy stock, or in the language of this paper to take and purchase stock on time, are common. And if A should…
2Cited by4 opinions
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