Dailey v. Green
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Union county. This was an action of assumpsit, by James Dailey against Abbot Green, to recover for a quantity of hewn timber. In the fall of 1841, James Dailey entered into an agreement, not under seal, with George W. Green, agent of Abbot Green, for the delivery of a bill of timber at the pool of NanticokeDam, in Luzerne county, by the first of December, 1841, which timber is said to have been for building boats.
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Error to tbe Common Pleas of Union county. This was an action of assumpsit, by James Dailey against Abbot Green, to recover for a quantity of hewn timber. In the fall of 1841, James Dailey entered into an agreement, not under seal, with George W. Green, agent of Abbot Green, for the delivery of a bill of timber at the pool of NanticokeDam, in Luzerne county, by the first of December, 1841, which timber is said to have been for building boats. In the bill, the dimensions of the timber, desired were specified. By another bill, furnished by said George W. Green, agent as aforesaid, dated October…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
The learned President of the Court of Common Pleas seems, on the trial, to have been led into the error of supposing, that the correct determination of this cause depends- on those principles which regulate the rights and remedies of contracting parties, where the question is of a partial or defective execution of a contract, involving the expenditure of labor, time, and skill in the service of another. Of this character are the cases of Ligget v. Smith, 3 Watts 331; Preston v. Finney, 2 W. & Ser. 53; and Chambers v. Jaynes, 4 Barr 39; which…
2Cases cited5 opinions
- Mallow v. HindeSupreme Court of the United States · 1827
- Ligget v. SmithSupreme Court of Pennsylvania · 1834
- Devling v. WilliamsonSupreme Court of Pennsylvania · 1840
- Case v. GreenSupreme Court of Pennsylvania · 1836
- Jennings v. GratzSupreme Court of Pennsylvania · 1831
3Cited by8 opinions
- F. B. Fogel & Co. v. BrubakerSupreme Court of Pennsylvania · 1888
- Tete Bros. v. EshlerSuperior Court of Pennsylvania · 1899
- Zeller v. HauptSuperior Court of Pennsylvania · 1910
- American Watch Tool Co. v. Reed Manufacturing Co.Superior Court of Pennsylvania · 1901
- Wilson v. BellesSuperior Court of Pennsylvania · 1903
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