Diehl v. McCormick
Supreme Court of Pennsylvania
No 60 January Term 1890, Sup. Ct.; court below, No. 128 C. P., in Equity. On October 25, 1887, proceedings by bill in equity were begun by Joseph Diehl, administrator of Isaac Diehl, deceased, against George A. McCormick, surviving partner of Isaac Diehl and George A. McCormick, trading as Diehl & Co., and the same day a receiver for said partnership was appointed.
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No 60 January Term 1890, Sup. Ct.; court below, No. 128 C. P., in Equity. On October 25, 1887, proceedings by bill in equity were begun by Joseph Diehl, administrator of Isaac Diehl, deceased, against George A. McCormick, surviving partner of Isaac Diehl and George A. McCormick, trading as Diehl & Co., and the same day a receiver for said partnership was appointed. On November 29, 1887, it was made to appear that two certain lots of charcoal, one at Canan station and the other at Tip-ton station, had been advertised for sale by said receiver; that upon the coals at Canan station claim had…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
The two contracts upon which the decision must turn are so nearly alike in their essential parts that they may be treated as identical. That with Levi Burket sets out the date and the parties, and then the agreement of Burket, the vendor, to make from certain specified wood, “ and deliver on the cars at Canan station, or in sheds at that point,” fifty thousand bushels of charcoal, etc., “ the said coal to be delivered on cars or in sheds, dry and in good condition,” etc. The next paragraph begins: In consideration, etc., Diehl & Co. agree to pay eight and one…
2Cases cited6 opinions
- Bolin v. HuffnagleSupreme Court of Pennsylvania · 1828
- Scott v. WellsSupreme Court of Pennsylvania · 1843
- Winslow, Lanier & Co. v. LeonardSupreme Court of Pennsylvania · 1854
- Gonser v. SmithSupreme Court of Pennsylvania · 1887
- Hays v. Mouille & Co.Supreme Court of Pennsylvania · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re NestoCourt of Appeals for the Third Circuit · 1921
- Cashmere Fruit Growers Union v. Great Northern Railway Co.Washington Supreme Court · 1928
- Russell v. HoweSuperior Court of Pennsylvania · 1906
- Fee v. Emporium Lumber Co.Superior Court of Pennsylvania · 1912