Wade v. Haycock
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. The action below was debt upon a note under seal. In 1851, James Wade, the defendant, being engaged in erecting a mill, to which he designed to apply both water and steam power, engaged Haycock to perform the millwright work for him, at a stipulated price. Haycock professed to be a practical millwright. Before the work -was completed he left, hut procured another millwright to proceed with the work and finish it.
Read the full summary
Error to the Common Pleas of Westmoreland county. The action below was debt upon a note under seal. In 1851, James Wade, the defendant, being engaged in erecting a mill, to which he designed to apply both water and steam power, engaged Haycock to perform the millwright work for him, at a stipulated price. Haycock professed to be a practical millwright. Before the work -was completed he left, hut procured another millwright to proceed with the work and finish it. In the mean time Wade gave Haycock the note in controversy, dated the 16th March, 1852, for the sum of $320, payable 1st April,…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J. —
After a careful examination of this case, we are of opinion that it is free from error.
The principles of law applicable to the case were clearly and correctly stated to the jury by the learned judge who presided at the trial, and were substantially as follows:—
1. Where one contracts to do all the millwright work necessary in the construction of a grist-mill, he is bound to do it in a workmanlike manner, so that it will answer the purpose for which it is intended.
2. If the millwright, after doing part of the work under the contract, refuses or…
2Cited by8 opinions
- ELDERKIN Et Ux. v. GasterSupreme Court of Pennsylvania · 1972
- Morgan v. GambleSupreme Court of Pennsylvania · 1911
- Moyer v. White, Pennsylvania Court of Common Pleas, Dauphin County1988
- Jones & Laughlin Steel. Co. v. Wood & Co.Supreme Court of Pennsylvania · 1915
- Leggoe v. MayerSuperior Court of Pennsylvania · 1896
3 more not listed; retrieve them via the Exa API.