Legal Opinion

Dubois v. Bigler, Young & Co.

Supreme Court of Pennsylvania

Decided October 4, 1880PublishedCited by 3 opinions

Error to the Court of Common Pleas of Clearfield county: Of May Term 1879, No. 107. Debt by Bigler, Young & Co. against John Dubois, to recover the contract price for two engines built under a contract, the material portions of which were as follows :— “Articles of agreement, made this 24th day of December 1872, by and between Bigler, Young & Co., of the borough of Clearfield, Pa., of the first part, and John Dubois, of the city of Williamsport, Pa., of the second part,…

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Error to the Court of Common Pleas of Clearfield county: Of May Term 1879, No. 107. Debt by Bigler, Young & Co. against John Dubois, to recover the contract price for two engines built under a contract, the material portions of which were as follows :— “Articles of agreement, made this 24th day of December 1872, by and between Bigler, Young & Co., of the borough of Clearfield, Pa., of the first part, and John Dubois, of the city of Williamsport, Pa., of the second part, witnesseth, that the parties of the first part agree to construct and have ready for delivery, on or before the 1st day of…

1Opinion of the CourtJustice Trunkey

Bigler, Young & Co. agreed to construct two engines, furnish all pipes, connections and other necessary fixtures, and put the same in place and working .order, so that “said engines and fixtures, when set up, shall constitute everything necessary to make them complete, both as to appearance and capacity.” They furnished the drawings themselves and guaranteed that the materials, workmanship and working of said engines should be first class and satisfactory to Dubois. On his part Dubois was bound to prepare a good foundation, fit for the machinery, and convey the machinery from the shops to his…

2Cases cited2 opinions

  1. M'Kennan v. HendersonSupreme Court of Pennsylvania · 1843
  2. Girard Bank v. Schuylkill BankSupreme Court of Pennsylvania · 1844

3Cited by3 opinions

  1. Nestor v. GeorgeSupreme Court of Pennsylvania · 1946
  2. Del Gaizo Distributing Corp. v. GallagherSuperior Court of Pennsylvania · 1936
  3. Johnson v. FreemannSupreme Court of Pennsylvania · 1894

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