Evans v. Myers
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action on an agreement under seal, in which “ Edmund Evans of Clay Furnace, agrees to weigh off and deliver, on the bank of tha Allegheny river at said furnace to the order of Myers & Hunter 40 tons of pig metal, at $20 per ton. The breach alleged was, that the defendant had not delivered the said 40 tons, and had delivered but 344 tons.
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Error to the District Court of Allegheny county. This was an action on an agreement under seal, in which “ Edmund Evans of Clay Furnace, agrees to weigh off and deliver, on the bank of tha Allegheny river at said furnace to the order of Myers & Hunter 40 tons of pig metal, at $20 per ton. The breach alleged was, that the defendant had not delivered the said 40 tons, and had delivered but 344 tons. And defendant then offered to prove by J., “that the universal custom with dealers in all pig metal is to buy and sell by the gross ton of 2268 pounds, and that defendant has always sold according…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
This was an action for the breach of a covenant to deliver 40 tons of pig-metal. If “ twenty hundred pounds make a ton,” the defendant had delivered before suit brought, the quantity required by his covenant. But the plaintiff claimed 2268 pounds to the ton, and the Court, on proof of a custom' “ among those dealing in metal throughout the iron region up the' Allegheny river, where the contract was'made, and where the metal was to be delivered,” permitted the jury to find that the contract was for the number of pounds claimed by the…
2Cases cited1 opinion
- Paull v. LewisSupreme Court of Pennsylvania · 1835
3Cited by1 opinion
- Silliman v. William Whitmer & SonsSuperior Court of Pennsylvania · 1899