McKeever, Cook & Co. v. Canonsburg Iron Co.
Supreme Court of Pennsylvania
APPEALS BY DEPENDANTS EEOM THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. No. 86 October Term 1888, Sup. Ct.; court below, No. 257 February Term 1886, C. P. No. 35 October Term 1890, Sup. Ct.; court below, No. 257 February Term 1886, C. P. On January 28,1886, assumpsit was brought by McKeever, Cook & Co., for use of J. Y. H. Cook, against H. S. Duncan and others, doing business as the Canonsburg Iron Company, Limited.* The defendants pleaded non-assumpsit.
Read the full summary
APPEALS BY DEPENDANTS EEOM THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. No. 86 October Term 1888, Sup. Ct.; court below, No. 257 February Term 1886, C. P. No. 35 October Term 1890, Sup. Ct.; court below, No. 257 February Term 1886, C. P. On January 28,1886, assumpsit was brought by McKeever, Cook & Co., for use of J. Y. H. Cook, against H. S. Duncan and others, doing business as the Canonsburg Iron Company, Limited.* The defendants pleaded non-assumpsit. At the trial on March 1,1888, the beneficial plaintiff showed that on November 8,1882, the legal plaintiffs were operating a coal mine at…
1Opinion of the Court
OPINION,
Mb. Chief Justice Gobdon :
This case is all wrong, and must be reversed. The following seems to be the contract under which the parties contestant operated:
[Here the contract of November 8, 1882, was copied.]
From this it is obvious, that no limit was, by the contract, put upon the discretion of the defendants' as to the amount of coal they were to use in the mill. It might be much, little, or none at all. What coal was necessary for consumption in their works they must take from the plaintiffs. This was all they were bound to do, and all the plaintiffs were bound to furnish them; and…
Also in this document: Per curiam.
2Cases cited6 opinions
- Miller v. FichthornSupreme Court of Pennsylvania · 1858
- Mitchell v. Lycoming Mutual InsuranceSupreme Court of Pennsylvania · 1866
- McKnight v. Ratcliff & JohnsonSupreme Court of Pennsylvania · 1863
- Miller v. CressonSupreme Court of Pennsylvania · 1843
- Reaney v. CulbertsonSupreme Court of Pennsylvania · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Loudenback Fertilizer Co. v. Tennessee Phosphate Co.Court of Appeals for the Sixth Circuit · 1903
- Brown v. American Bank of CommerceNew Mexico Supreme Court · 1968
- In Re United Cigar Stores Co. of AmericaCourt of Appeals for the Second Circuit · 1934
- Fort Wayne Corrugated Paper Co. v. Anchor Hocking Glass Corp.Court of Appeals for the Third Circuit · 1942
- Medlock v. StateCourt of Criminal Appeals of Texas · 1927
12 more not listed; retrieve them via the Exa API.