Legal Opinion

Rinehart v. Olwine

Supreme Court of Pennsylvania

Decided March 15, 1843PublishedCited by 14 opinions

ERROR to the Common Pleas of Chester county, in which William L. Olwine brought an action on the case against Charles Rinehart, and declared “ that whereas the plaintiff, on the 15th of March 1841, caused to be put up and exposed to sale by public auction, in lots, certain goods and chattels, upon and subject to the following terms and conditions of sale, viz., that the highest bidder should be the buyer; any person purchasing to the amount of eight dollars and under, should…

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ERROR to the Common Pleas of Chester county, in which William L. Olwine brought an action on the case against Charles Rinehart, and declared “ that whereas the plaintiff, on the 15th of March 1841, caused to be put up and exposed to sale by public auction, in lots, certain goods and chattels, upon and subject to the following terms and conditions of sale, viz., that the highest bidder should be the buyer; any person purchasing to the amount of eight dollars and under, should pay cash; and any person exceeding that sum should have nine months’ credit, by giving their notes with approved…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

This was an action of assumpsit to recover damages for breach of a contract for a sale of certain goods and some wheat growing in the ground. The declaration contains a special count as well as the common counts. Judgment was rendered on the special count.

John Olwine was the owner of a tract of land in Chester county, which he leased to his son William L. Olwine, the latter rendering as rent one half the grain raised on the premises, to be delivered in the bushel. During the existence of the lease and before any grain was grown or…

2Cases cited2 opinions

  1. Fry v. JonesSupreme Court of Pennsylvania · 1829
  2. Girard v. TaggartSupreme Court of Pennsylvania · 1818

3Cited by14 opinions

  1. Booker v. JonesSupreme Court of Alabama · 1876
  2. Barron v. MullinSupreme Court of Minnesota · 1875
  3. Strain v. GardnerWisconsin Supreme Court · 1884
  4. Benjamin v. ZellSupreme Court of Pennsylvania · 1882
  5. Cook v. StevensonMichigan Supreme Court · 1874

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