Shinn v. Bodine
Supreme Court of Pennsylvania
Certificate from the Court of Nisi Prius, No. 322, to January Term 1866. This was an action of assumpsit, brought to January Term 1866, by Erank L. Bodine and J. Minor Bodine, trading as E. & J. Bodine, against Charles PI. Shinn and William O. Shinn, trading as Charles II. Shinn & Son. The cause of action alleged in the plaintiffs’ declaration was that the defendants had refused to deliver 800 tons of coal, as they had contracted to do.
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Certificate from the Court of Nisi Prius, No. 322, to January Term 1866. This was an action of assumpsit, brought to January Term 1866, by Erank L. Bodine and J. Minor Bodine, trading as E. & J. Bodine, against Charles PI. Shinn and William O. Shinn, trading as Charles II. Shinn & Son. The cause of action alleged in the plaintiffs’ declaration was that the defendants had refused to deliver 800 tons of coal, as they had contracted to do. The contract was contained in the following letter:— “ 128 So. Front St., July 31st 1865. “ Messrs. C. H. Shinn & Co. “Gentlemen — We accept your offer for…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
— The entirety of a contract depends upon the inten-' tion of the parties and not on the divisibility of the subject. The severable nature of the latter may often assist in determining the intention, but will not overcome the intent to make an entire contract, when that is shown. Nor will the mode of measuring the price, as by the bushel, ton or pound, change the effect of the agreement when it is entire. If a party should agree to deliver one bullock, at a certain price per pound, and on a certain day, no one would doubt the entirety of the…
2Cases cited1 opinion
- Harris v. LiggetSupreme Court of Pennsylvania · 1841
3Cited by16 opinions
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- Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
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