Peirson v. Duncan
Supreme Court of Pennsylvania
Appeal, No. 413, Jan. T., 1893, by defendants, John P. Duncan and Daniel McElwee, trading as Duncan & McElwee, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1891, No. 1106, on verdict for plaintiff, John W. Peirson. Assumpsit to recover damages for breach of contract to deliver pelts.
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Appeal, No. 413, Jan. T., 1893, by defendants, John P. Duncan and Daniel McElwee, trading as Duncan & McElwee, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1891, No. 1106, on verdict for plaintiff, John W. Peirson. Assumpsit to recover damages for breach of contract to deliver pelts. Before Biddle, J. On the trial it appeared that for pelts delivered from Aug. 15, to Sept. 4, 1891, plaintiff owed $940, which he paid on Oct. 5, 1891, and on Oct. 7th another lot of pelts was delivered. Between Sept. 4th and Oct. 7th no pelts appear to have been delivered. When plaintiff was on the stand,…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
There was no dispute between the parties in. regard to the quantity, quality or price of the pelts delivered, or in respect to the payments made on account of them. But the plaintiff claimed that the defendants verbally promised to furnish him *192one hundred and twenty dozen pelts each week from the 18th of July, 1891, to the first of January, 1892, and that in violation of their promise they refused to deliver pelts to him after September 4,1891. He also claimed that in consequence of their refusal to deliver the pelts he sustained damage equal in amount to the…
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