M'Combs v. M'Kennan
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. James M’Kennan against George M’Combs. This was an action of covenant upon an agreement, by which the plaintiff bound himself to deliver to the defendant 200 bushels of clover-seed, at the borough of Indiana, or at the city of Pittsburgh, or 100 bushels at one place and 100 at the other, on or before the 1st of February 1839, for which the defendant covenanted to pay $15 per bushel at the time of delivery.
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ERROR to the District Court of Allegheny county. James M’Kennan against George M’Combs. This was an action of covenant upon an agreement, by which the plaintiff bound himself to deliver to the defendant 200 bushels of clover-seed, at the borough of Indiana, or at the city of Pittsburgh, or 100 bushels at one place and 100 at the other, on or before the 1st of February 1839, for which the defendant covenanted to pay $15 per bushel at the time of delivery. The proof was .that after the plaintiff had delivered 65 bushels of the seed at a warehouse in Pittsburgh, the defendant agreed to accept…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The first error assigned is in the answer of the court, that under the evidence the action might be maintained on the sealed contract. The defendant contends that the contract had been subsequently varied by the agreement of the parties, that the residue of the seed should be delivered at Indiana instead of Pittsburgh; and therefore the plaintiff's action should have been assumpsit on the new contract, and not covenant on the original one. We think, however, the true principle is stated in the charge of the court, that this was not so much…
2Cases cited2 opinions
- Andrews v. HooverSupreme Court of Pennsylvania · 1839
- Girard v. TaggartSupreme Court of Pennsylvania · 1818
3Cited by18 opinions
- Barton v. GrayMichigan Supreme Court · 1885
- District of Columbia v. Camden Iron WorksSupreme Court of the United States · 1901
- Bacon v. CobbIllinois Supreme Court · 1867
- Snowball v. Maney Bros. & Co.Wyoming Supreme Court · 1928
- Chapman v. IngramWisconsin Supreme Court · 1872
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