Henderson v. Jennings
Supreme Court of Pennsylvania
Appeal, No. 383, Jan. T., 1909, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1908, No. 4,349, on verdict for plaintiff in case of Norris E. Henderson, trading as the N. E. Henderson Hardware & Paint Company, v. John W. Jennings. Assumpsit for breach of contract to purchase a mortgage. Before Sulzberger, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 383, Jan. T., 1909, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1908, No. 4,349, on verdict for plaintiff in case of Norris E. Henderson, trading as the N. E. Henderson Hardware & Paint Company, v. John W. Jennings. Assumpsit for breach of contract to purchase a mortgage. Before Sulzberger, P. J. The facts are stated in the opinion of the Supreme Court. At the trial the defendant submitted, inter alia, the following points: 5. The measure of damages in this case is the difference in the selling price of the mortgage and its market value at the time of breach,…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The defendant was interested — to what extent we do not know, nor is it material — with one Sharp in a building-operation in Philadelphia. The plaintiff proposed to supply them with the hardware required in the construction of certain buildings for the sum of $3,072. The terms of payment offered him were fifty per cent cash and fifty per cent in a second mortgage or mortgages upon the buildings. He at first declined these terms. Thereupon it was proposed that if he would accept the terms offered, Jennings would purchase from him the mortgage or mortgages within…
2Cases cited5 opinions
- Ballentine v. RobinsonSupreme Court of Pennsylvania · 1863
- Winslow, Lanier & Co. v. LeonardSupreme Court of Pennsylvania · 1854
- Augur v. New York Belting & Packing Co.Supreme Court of Connecticut · 1873
- Gonser v. SmithSupreme Court of Pennsylvania · 1887
- Hartley v. TapleyMassachusetts Supreme Judicial Court · 1854
3Cited by9 opinions
- Collins v. OliverSupreme Court of Pennsylvania · 1930
- Penn Discount Corp. v. SharpSuperior Court of Pennsylvania · 1936
- Steiner v. TurnerSuperior Court of Pennsylvania · 1911
- Page v. MooreSupreme Court of Pennsylvania · 1912
- Ridgway v. Baizley Iron Works, Inc.Superior Court of Pennsylvania · 1911
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