Bigley v. Risher & Wilson
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 37, to October and November Term 1869. This was an action of assumpsit brought to July Term 1868 by Ithamar D. Risher and Joseph Wilson, partners as Risher & Wilson, against Nicholas J. Bigley. The plaintiffs declared in all the common counts. Their claim was for a boat and cargo of coal. The boat was lying at the plaintiffs’ works on the Monongahela river; and remained in the possession of the plaintiffs.
Read the full summary
Error to the District Court of Allegheny county: No. 37, to October and November Term 1869. This was an action of assumpsit brought to July Term 1868 by Ithamar D. Risher and Joseph Wilson, partners as Risher & Wilson, against Nicholas J. Bigley. The plaintiffs declared in all the common counts. Their claim was for a boat and cargo of coal. The boat was lying at the plaintiffs’ works on the Monongahela river; and remained in the possession of the plaintiffs. After the alleged sale there was a break up of the ice in the river, which carried the boat away from its moorings: — it was wrecked and…
1Opinion of the Court
The opinion of the court was delivered, November 11th 1869, by
Read, J. —
The leading case, in Pennsylvania, as to what constitutes a complete sale of a chattel, as between the parties, is Scott v. Wells, 6 W. & S. 357, in which the law is clearly laid down, in the charge of Judge Jones to the jury, and in the opinion of Chief Justice Gibson. “I grant,” says Chief Justice Gibson, “that a sale may be fatally defective in its members; and that by the civil, as well as the common law, the specification of a price is necessary to constitute it.”
In the case before us, there was no actual delivery to…
2Cases cited2 opinions
- Williamson v. BerrySupreme Court of the United States · 1850
- Scott v. WellsSupreme Court of Pennsylvania · 1843
3Cited by5 opinions
- Koehler v. St. Mary's Brewing Co.Supreme Court of Pennsylvania · 1910
- Raisler Sprinkler Co. v. Automatic Sprinkler Co. of AmericaSuperior Court of Delaware · 1934
- Jules Levy & Bro. v. A. Mautz & Co.California Court of Appeal · 1911
- Machesky v. City of MilwaukeeWisconsin Supreme Court · 1934
- National Dairy Products Corp. v. Gleeson, Pennsylvania Court of Common Pleas, Dauphin County1958