Legal Opinion

Lentz v. Choteau

Supreme Court of Pennsylvania

Decided April 21, 1862PublishedCited by 8 opinions

Error to tbe Common Pleas of Lehigh county. This was a foreign attachment in case by John Lentz, Robert McIntyre, and Lafayette Lentz, partners as Lentz, McIntyre & Lentz, against Pierre Choteau, Jr., with scire facias to the Allentown Railroad Company, Daniel Tyler and others, as garnishees of the defendant.

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Error to tbe Common Pleas of Lehigh county. This was a foreign attachment in case by John Lentz, Robert McIntyre, and Lafayette Lentz, partners as Lentz, McIntyre & Lentz, against Pierre Choteau, Jr., with scire facias to the Allentown Railroad Company, Daniel Tyler and others, as garnishees of the defendant. The plaintiffs declared first on a special agreement dated on the 15th August 1857, between the parties, whereby plaintiffs agreed to make and construct sections No. 5, 6, 11, and 13, of the Allentown Railroad, according to certain specifications and conditions, and under the direction…

1Opinion of the Court

The opinion of the court was delivered, April 21st 1862, by

Strong, J.

The court below instructed the jury that damages for the loss of a contract may be recovered when a plaintiff has been prevented from performing it by the default of the defendant ; but the learned judge added, the plaintiffs in this case had given no evidence on which such damages could be estimated. Herein, it is alleged, there was error.

We have carefully examined the whole evidence returned with the record, and have failed to discover any which can be regarded as tending to show that the plaintiffs would have made any…

2Cited by8 opinions

  1. Clarkson v. CrawfordSupreme Court of Pennsylvania · 1926
  2. Bastian v. Marienville Glass Co.Supreme Court of Pennsylvania · 1924
  3. Johnson v. Homestead-Iron Dyke Mines Co.Oregon Supreme Court · 1920
  4. Maier v. Publicker Commercial Alcohol Co.District Court, E.D. Pennsylvania · 1945
  5. Morris v. SuppleeSupreme Court of Pennsylvania · 1904

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