Bradley v. McHale
Superior Court of Pennsylvania
Appeal, No. 35, Oct. T., 1901, by-defendant, from judgment of C. P. McKean Co., Dec. T., 1898, No. 191, on verdict for plaintiff in case of J. S. Bradley v. P. W. McHale. Assumpsit for breach of contract.
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Appeal, No. 35, Oct. T., 1901, by-defendant, from judgment of C. P. McKean Co., Dec. T., 1898, No. 191, on verdict for plaintiff in case of J. S. Bradley v. P. W. McHale. Assumpsit for breach of contract. On May 24,1898, the plaintiff, J. S. Bradley, entered into a written agreement with P. W. McHale, wherein it was agreed that in consideration,of the sum of $1.00 then and there paid to McHale, and the further sum of $450 to be paid to him thereafter, McHale agreed, inter alia, to sell and deliver to Bradley a certain two-story frame building situate on Praley street, in the borough of Kane,…
1Opinion of the Court
Opinion by
Orlady, J.,
The defendant agreed to sell and deliver a two-story frame *303store building and to place said building on a foundation on a lot of ground owned by the plaintiff in as good order and condition as it was at the date of the contract, ordinary wear and tear incident to moving excepted. He did not deliver the building, but dismantled it and used the lumber taken therefrom in the construction of a building on a lot of his own. The reasons given for his breach of contract are no answer to the plaintiff’s claim for damages. He cannot escape liability because he misjudged his…
2Cases cited3 opinions
- Billmeyer, Dill & Co. v. WagnerSupreme Court of Pennsylvania · 1879
- McHose v. FulmerSupreme Court of Pennsylvania · 1873
- MacDonald ex rel. Leahey v. PiperSupreme Court of Pennsylvania · 1899
3Cited by3 opinions
- Cummings v. ClarkDistrict Court, E.D. Pennsylvania · 1922
- Breneman v. MylinSuperior Court of Pennsylvania · 1912
- Fugh Coal Co. v. City of Pittsburgh, Pennsylvania Court of Common Pleas, Alleghany County1949