Arnold v. Stoner
Superior Court of Pennsylvania
by plaintiffs, from order of C. P. Blair Co., Jan T., 1901, No. 16, discharging rule for judgment for want of a sufficient affidavit of defense, in case of Philip Arnold, Joseph A. Louchheim and Gustav Daniel, trading as Arnold, Louchheim & Company, v. Samuel I. Stoner. Assumpsit to pay the debt of another.
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by plaintiffs, from order of C. P. Blair Co., Jan T., 1901, No. 16, discharging rule for judgment for want of a sufficient affidavit of defense, in case of Philip Arnold, Joseph A. Louchheim and Gustav Daniel, trading as Arnold, Louchheim & Company, v. Samuel I. Stoner. Assumpsit to pay the debt of another. Plaintiff’s statement of claim was as follows: The said firm of Arnold, Louchheim & Company, plaintiffs, wholesale clothing merchants of the city of Philadelphia, and state of Pennsylvania, sold and delivered to one Thomas Hollobaugh, of the borough of Coalport, county of Clearfield, state…
1Opinion of the Court
Opinion by
Rice, P. J.,
If the sole consideration for the alleged promise of the defendant to pay the debt due from Hollobaugh to the plaintiffs was the sale and delivery by Hollobaugh to the defendant of certain goods, then, accepting as verity the averments of the affidavit of defense, the consideration wholly failed because the sale was not completed, and it is not in the power of Hollobaugh to complete it by a delivery of the goods. But it is urged that the failure of the performance of the contract of sale between the defendant and Hollobaugh cannot relieve the defendant of performance of…
2Cases cited5 opinions
- Max Meadows Land & Improvement Co. v. MendinhallSuperior Court of Pennsylvania · 1897
- Shea v. WellsSuperior Court of Pennsylvania · 1898
- Holland v. Sunbury Iron WorksSuperior Court of Pennsylvania · 1899
- Erie City v. Y. M. C. A. Ass'nSupreme Court of Pennsylvania · 1892
- Ferree v. YoungSuperior Court of Pennsylvania · 1898
3Cited by4 opinions
- Wetherstein v. GordonSupreme Court of Pennsylvania · 1926
- Claflin v. Mfrs' Club of Phila.Superior Court of Pennsylvania · 1931
- Loeper v. HaasSuperior Court of Pennsylvania · 1904
- Commonwealth v. GouldSuperior Court of Pennsylvania · 1910