Gordon v. Bowers
Supreme Court of Pennsylvania
Error to the Common Pleas of Centre county. This was an action on the case, brought by Thomas Bowers against James Gordon, to recover damages for the non-performance of a contract made between the plaintiff and defendant, for the purchase and sale of a quantity of wheat. Upon the trial, the plaintiff gave in evidence a receipt given to him by defendant for $25 in part, for 300 bushels of wheat, to be delivered in the storehouse of Sterrett, Hughes & Packer.
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Error to the Common Pleas of Centre county. This was an action on the case, brought by Thomas Bowers against James Gordon, to recover damages for the non-performance of a contract made between the plaintiff and defendant, for the purchase and sale of a quantity of wheat. Upon the trial, the plaintiff gave in evidence a receipt given to him by defendant for $25 in part, for 300 bushels of wheat, to be delivered in the storehouse of Sterrett, Hughes & Packer. The store-house was at Howardsville, Centre county. The receipt was as follows : 9th April 1847. — “ Received of Thomas Bowers, per John…
1Opinion of the Court
The opinion of the court was delivered June 2, by
Rogers, J.
This is an action on the case, to recover damages for the non-performance of a contract for the purchase and sale of a quantity of wheat.
The plaintiff gave in evidence a receipt by defendant for $25, in part payment for 300 bushels of wheat, to be delivered in the storehouse of Sterrett, Hughes & Packer, at the village of Howard.
The defendant relied on two grounds of defence :
1st. That a certain John Cummings, being a partner with the plaintiff in the purchase, the action cannot be maintained in the name of the plaintiff alone.
2d.…
2Cases cited1 opinion
- Hart v. HeilnerSupreme Court of Pennsylvania · 1832
3Cited by3 opinions
- Gaunt v. Ralston Purina Co.Court of Appeals for the Eighth Circuit · 1912
- Orr v. Carnegie Natural Gas Co.Superior Court of Pennsylvania · 1896
- Hottenstein's EstatePennsylvania Orphans' Court, Lehigh County · 1924