Mobley v. Morgan
Supreme Court of Pennsylvania
Error to the Common Pleas of Armstrong County to re- view a judgment on a verdict for plaintiff in an action to recover damages for a breach of contract. The case is fully stated in the following charge to the jury in the court belowT by Neale, P. J.: “This action is brought by William Morgan against the executors of Eullerton Parker, deceased, to enforce an alleged contract entered into between the two parties, William Morgan and Eullerton Parker.
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Error to the Common Pleas of Armstrong County to re- view a judgment on a verdict for plaintiff in an action to recover damages for a breach of contract. The case is fully stated in the following charge to the jury in the court belowT by Neale, P. J.: “This action is brought by William Morgan against the executors of Eullerton Parker, deceased, to enforce an alleged contract entered into between the two parties, William Morgan and Eullerton Parker. It appears that there was a glass works at Parker, and may be there yet; it was a partnership, under what is known in the law as a limited…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen:
We think all the facts of this case essential to the plaintiff’s right of recovery, and to the defense set up by the defendants, were very fairly and clearly submitted to the jury by the learned court below. Upon those facts the jury has found for the plaintiff upon ample testimony. It was a part of the contract that the stock was not to be delivered till after the approaching election for directors. Hence, Morgan was not bound to tender the stock till after the election. Within a-reasonable time thereafter he applied to Duff, the agent through whom the stock was…
2Cited by3 opinions
- Flannery v. WesselsSupreme Court of Pennsylvania · 1914
- Allen v. Mitten Bank Securities Corp.Superior Court of Pennsylvania · 1937
- Taylor v. GrossCourt of Appeals of Maryland · 1972