Lucesco Oil Co. v. Brewer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1869, No. 123. This was action of debt, commenced October 28th 1868, by George Brewer and others, trading as Brewer, Burke & Co., to the use of Bobert H. Palmer, their assignee, against The Lucesco Oil Company.
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Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1869, No. 123. This was action of debt, commenced October 28th 1868, by George Brewer and others, trading as Brewer, Burke & Co., to the use of Bobert H. Palmer, their assignee, against The Lucesco Oil Company. The claim filed by plaintiffs was for $64,790.26. On the trial, June 28th 1869, before Stowe, J., the plaintiffs gave in evidence an agreement between them and defendants, dated September 29th 1866, as follows:— “ That the said Brewer, Burke & Co. hereby covenant and agree, to and with the said Lucesco…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Williams, J.
— The defence set up by the plaintiffs in error, the defendants below, on the trial of this case, was based on the hypothesis that the contract between the parties is entire, and that no recovery could be had thereon, because the plaintiffs below had not in all respects fully performed their part of the agreement. All the points submitted by the defendants — with the exception of the 6th relative to the measure of damages — and the refusal of which by the court is assigned as error, were predicated of an entire contract.…
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