Dewey v. Erie Borough
Supreme Court of Pennsylvania
Error to the Common Pleas of Brie county. This was an action in the name of Hiram T. Dewey, for the use of Moses Koch, plaintiffs in error, vs. The Burgess and Town Council of the Borough of Erie, in the county of Erie.
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Error to the Common Pleas of Brie county. This was an action in the name of Hiram T. Dewey, for the use of Moses Koch, plaintiffs in error, vs. The Burgess and Town Council of the Borough of Erie, in the county of Erie. This was an action of debt on a promissory note under the corporate seal of the borough of Erie, and was in part consideration for a town-clock purchased by defendants, from 'Hiram T. Dewey, for $400, two hundred of which were paid; and this note for $100, and another note for the same sum, and still unpaid, were given for the balance of the purchase. This note sued was…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
— The transaction before us is analagous to a transaction between merchants, called “ sale or return;” by the terms of which, the party to whom the goods are sent, is bound to return them with notice of his dissent within a reasonable time, or keep them on the terms of the offer; or it is perhaps strictly a conditional sale, of which the same principle is an element. Such was the sale in Humphreys v. Carvalho, 16 East 45, and many other cases, which it is unnecessary to quote, the principle being settled; and the business is to apply it to…
2Cited by3 opinions
- Butler v. School DistrictSupreme Court of Pennsylvania · 1892
- Morse, Williams & Co. v. Arnfield & SonSuperior Court of Pennsylvania · 1900
- Dodson Coal Co. v. New Boston Land Co.Supreme Court of Pennsylvania · 1923