Atkins v. Payne
Supreme Court of Pennsylvania
Appeal, No. 248, Jan. T., 1898, by defendants, from judgment of C. P. No. 1, Phila. Co., June T., 1897, No. 74, on verdict for plaintiffs. Assumpsit upon a guaranty. Before Brégv, J. At the trial it appeared that defendants had a contract to erect a building in the city of Philadelphia. Keen & Co. were subcontractors for furnishing the structural iron and steel work which they purchased from the plaintiffs.
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Appeal, No. 248, Jan. T., 1898, by defendants, from judgment of C. P. No. 1, Phila. Co., June T., 1897, No. 74, on verdict for plaintiffs. Assumpsit upon a guaranty. Before Brégv, J. At the trial it appeared that defendants had a contract to erect a building in the city of Philadelphia. Keen & Co. were subcontractors for furnishing the structural iron and steel work which they purchased from the plaintiffs. Defendants guaranteed the payment of the material furnished to Keen & Co. For their own protection they required Keen & Co. to produce to them receipts for money paid to the plaintiffs.…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This was an action on a guarantee. The plaintiffs and Keen, the principal debtor, agreed on the amount due by the latter to the former, and there is no dispute as to it. But the defense is that plaintiffs gave Keen receipts which misled defendants by showing larger payments by Keen than had been actually made, and that plaintiffs are thereby estopped. The principal error alleged by appellant, therefore, is that the court permitted plaintiffs to explain and in a manner contradict their own receipts.
The claim of appellants is too broad. The receipts were not per…
2Cited by5 opinions
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