Delaware & Hudson Canal Co. v. Barnes
Supreme Court of Pennsylvania
Error to the Common Pleas of Pilee county. This was an action of assumpsit by J. Edward Barnes and William J. Harlan, lately doing business under the firm of Barnes & Harlan, against the President, Managers and Company of the Delaware and Hudson Canal Company, to recover damages for the breach of a boating contract.
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Error to the Common Pleas of Pilee county. This was an action of assumpsit by J. Edward Barnes and William J. Harlan, lately doing business under the firm of Barnes & Harlan, against the President, Managers and Company of the Delaware and Hudson Canal Company, to recover damages for the breach of a boating contract. In 1850, the plaintiffs entered- into a contract with the defendants to transport coal on their canal, from Honesdalo to Rondout, at certain rates therein stated. In April'1851, that contract was cancelled by agreement of the parties, and the plaintiffs then entered into the…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
That the advertisement of February 10th 1851, was improperly received in evidence, is too apparent to require discussion. The contract between the parties had been proved by *195a single witness. He testified that Barnes & Harlan, the plaintiffs, agreed to transport coal for the defendants under the general boating contract, and he identified that contract. It was a printed instrument, and, though not signed, it was agreed to by both parties. In the language of the witness, “it contained all the terms on which the parties agreed to boat.”…
2Cases cited2 opinions
- Shaeffer v. KreitzerSupreme Court of Pennsylvania · 1814
- Unangst v. KraemerSupreme Court of Pennsylvania · 1845
3Cited by9 opinions
- Commonwealth v. FugmannSupreme Court of Pennsylvania · 1937
- Newton v. StateSupreme Court of Florida · 1884
- Hamory v. Pennsylvania, Monongahela & Southern RailroadSupreme Court of Pennsylvania · 1909
- Commonwealth v. DuffySuperior Court of Pennsylvania · 1912
- Erie & W. V. R. v. SmithSupreme Court of Pennsylvania · 1889
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