Becker v. Smith
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Washington county: No. 51, to October and November Term 1868. This was an action of trespass d. b. a., by Adam Becker against Edward R. Smith, who was sheriff of Washington county.
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Error to the Court of Common Pleas of Washington county: No. 51, to October and November Term 1868. This was an action of trespass d. b. a., by Adam Becker against Edward R. Smith, who was sheriff of Washington county. The writ was issued December 17th 1866. Becker being the owner of the Washington Foundry, and of tools, horses, wagon, &c., in use at it, and also of stock on hand there, on the 28th of March 1866 entered into articles of agreement with John P. Linn, by which he agreed to sell the foundry and appertenances to Linn for $11,000. In addition thereto, he agreed to let Linn “ have…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1869, by
Agnew, J.
The court below erred in ordering a peremptory nonsuit. The effect was to take from the jury the fact which bore upon the performance of the contract. That performance at the day may be made of essence in a contract is too well settled to be disputed: 2 Penna. R. 454; 9 Watts 49; 5 W. & S. 485; 3 Barr 13. It is not in the nature'of a penalty against which equity will ordinarily relieve, but a stipulation which lies at the root of the agreement, and which the party makes the very condition on which he contracts. Such is the…
2Cases cited7 opinions
- Corfield v. CoryellU.S. Circuit Court for the District of Eastern Pennsylvania · 1823
- Fisher v. WorrallSupreme Court of Pennsylvania · 1843
- Jenkins v. EichelbergerSupreme Court of Pennsylvania · 1835
- M'Cullough v. PorterSupreme Court of Pennsylvania · 1842
- Clark v. JackSupreme Court of Pennsylvania · 1838
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hamilton v. BillingtonSupreme Court of Pennsylvania · 1894
- Shilanski v. FarrellSuperior Court of Pennsylvania · 1914
- Humes v. KramerSupreme Court of Pennsylvania · 1926
- Bonner v. Randal, Pennsylvania Court of Common Pleas, Montgomery County1925