Lonergan v. Whitehead
Supreme Court of Pennsylvania
ERROR to the common pleas of Allegheny county. This was an action of assumpsit by John Lonergan and others, for the use of James Armstrong against Whitehead, Johnson & Phillips, founded upon the following agreement: “ Pittsburgh, February 2, 1838. “ $459 43. We hereby obligate ourselves to deliver to Messrs John Lonergan & Co., or order, black porter, wine, claret, or such other bottles as we manufacture, at our regular list of prices, as established January 1, 1838, to the…
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ERROR to the common pleas of Allegheny county. This was an action of assumpsit by John Lonergan and others, for the use of James Armstrong against Whitehead, Johnson & Phillips, founded upon the following agreement: “ Pittsburgh, February 2, 1838. “ $459 43. We hereby obligate ourselves to deliver to Messrs John Lonergan & Co., or order, black porter, wine, claret, or such other bottles as we manufacture, at our regular list of prices, as established January 1, 1838, to the amount of this note; which bottles we will commence to deliver this day, or at any other day, at the rate of four groce…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
From the first settlement of the country, books of original entries, verified by the oath of the party, or other proof, have been received as evidence of the sale and delivery of goods. To this effect, and no further, are all the authorities which have been cited. The evidence is admitted from necessity; for according to the *250usual mode of doing business, the sale and delivery being cotemporañeous acts, commonly take place when no other persons are present, and are consequently susceptible of no other proof. But no case has been cited where…
2Cited by8 opinions
- Nickle v. BaldwinSupreme Court of Pennsylvania · 1842
- Alexander v. HoffmanSupreme Court of Pennsylvania · 1843
- Pringle v. Neff, Exctx.Superior Court of Pennsylvania · 1933
- Solar Electric Corp. v. Exterminator Corp. of AmericaSupreme Court of Pennsylvania · 1956
- Vallee Bros. Electrical Co. v. North Penn Iron Co.Superior Court of Pennsylvania · 1906
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