Woolsey v. Axton & Son
Supreme Court of Pennsylvania
Appeal, No. 128, Jan. T., 1899, by plaintiff, from judgment of C. P. Fayette Co., Dec. T., 1898, No. 54, on verdict for defendant. Assumpsit to recover the purchase price of a raft. Before Mestrezat, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 128, Jan. T., 1899, by plaintiff, from judgment of C. P. Fayette Co., Dec. T., 1898, No. 54, on verdict for defendant. Assumpsit to recover the purchase price of a raft. Before Mestrezat, P. J. The facts appear by the opinion of the Supreme Court. The court charged in part as follows : [We are of opinion that, under the contract submitted here and under which the plaintiff, Woolsey, claims to recover and claims title to this raft, it was his duty to pay, or to secure the payment of, the balance of the purchase money according to the contract, before he could legally recover or…
1Opinion of the Court
Opinion by
Mb,. Justice Dean,
On February 20, 1897, Woolsey, this appellant, made an agreement in writing with Josephus Minor, as follows:
“ 1897-2-20, New Geneva,
“ Fayette Co., Pa.
“I, Jos. Minor of the first part agree to deliver at New Geneva, Pa.
“ One raft averaging 120 cu. ft. to stick if weather is reasonable.
“ One raft averaging 100 cu. ft. to stick and the tie poles for the first raft.
“ I, Orville Woolsey of the second part agree to pay him one hundred dollars now on first raft; balance of half the amount on April 1st, 1897; and note for balance, for ninety days.
“ Second raft: half down,…
2Cases cited3 opinions
- Lester v. McDowellSupreme Court of Pennsylvania · 1851
- McCullough v. McCulloughSupreme Court of Pennsylvania · 1850
- Bush v. BenderSupreme Court of Pennsylvania · 1886
3Cited by4 opinions
- Brown v. ReberSuperior Court of Pennsylvania · 1906
- Eastern Tube Co. v. HarrisonU.S. Circuit Court for the District of Eastern Pennsylvania · 1905
- Ewing v. MusserSuperior Court of Pennsylvania · 1910
- Wheeler v. Payne, Pennsylvania Court of Common Pleas, Crawford County1921