Myers v. Drake
Supreme Court of Pennsylvania
ERROR to the common pleas of Luzerne county. John Myers against Charles B. Drake. On the 4th September 1S38, the defendant contracted with the plaintiff to deliver to him 100 bushels of clover seed by the 1st of February following, for 800 dollars.
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ERROR to the common pleas of Luzerne county. John Myers against Charles B. Drake. On the 4th September 1S38, the defendant contracted with the plaintiff to deliver to him 100 bushels of clover seed by the 1st of February following, for 800 dollars. The defendant did not perform his contract, and on the trial of this action upon it, the defendant offered to prove “the declarations of the plaintiff immediately after the contract was entered into, that he did not expect that the defendant would deliver the seed, for that he had received information that the clover seed could not be had, and knew…
1Per curiam
The evidence was offered in mitigation of damages, and properly rejected. There is a settled rule of compensation in every case like the present, which the unconscionableness of the bargain ought not to be suffered to disturb. There even was nothing unconscionable in making a bargain which the party supposed the other could not fulfil except at a sacrifice. The relation of buyer and seller is not a confidential one; and each of the parties is supposed to judge of his ability to perform his part for himself. A contract to perform an impossible thing may be void; but it never is impossible to…
2Cited by4 opinions
- Rothermel v. PhillipsSupreme Court of Pennsylvania · 1928
- Rockafellow v. BakerSupreme Court of Pennsylvania · 1862
- Moore v. WhittySupreme Court of Pennsylvania · 1929
- Holmes v. CameronSupreme Court of Pennsylvania · 1920