Young v. White
Supreme Court of Pennsylvania
ERROR to the district court of Jllleghany county. This action is brought upon a contract for building a canal boat, by Thomas Young against James P. White. The article of agreement being duly proved was given in evidence, as follows: “Memorandum of an agreement entered into, on the 8th of September A. D. 1834, by and between Thomas Young, of the one part, and James P. White, of the other, both of,the county of Cambria, and state of Pennsylvania.
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ERROR to the district court of Jllleghany county. This action is brought upon a contract for building a canal boat, by Thomas Young against James P. White. The article of agreement being duly proved was given in evidence, as follows: “Memorandum of an agreement entered into, on the 8th of September A. D. 1834, by and between Thomas Young, of the one part, and James P. White, of the other, both of,the county of Cambria, and state of Pennsylvania. Witnesseth, that the said Young, doth agree to find all materials and to build and construct a Pennsylvania eanal boat, at the basin in Johnstown, of…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The proper construction of the words'in question, would seem to be that which was given by the court below. “ The said Young doth agree to have the said boat ready for the spring trade, on the 1st of March ensuing, and on failure whereof he agrees to pay 10 dollars damages for every day after that time, until the boat is ready.” This, according to the literal construction, is a covenant that the boat shall be ready on the 1st of March ensuing — -for the spring trade. The former fixes the time — the latter describes the purpose for which she…
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