Kinports v. Breon
Supreme Court of Pennsylvania
Appeal, No. 128, Oct. T., 1899, by defendant, from judgment of O. P. Cambria Co., March T., 1898, No. 148, on verdict for plaintiff. Assumpsit for lumber sold and delivered. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 128, Oct. T., 1899, by defendant, from judgment of O. P. Cambria Co., March T., 1898, No. 148, on verdict for plaintiff. Assumpsit for lumber sold and delivered. The facts appear by the opinion of the Supreme Court. Defendant’s points and the answers thereto among others were as follows: 8. The measure of damages in this case would be the difference between the price of the timber in saw logs under the contract and the cost and expense incident to manufacturing the same into lumber and loading on the cars at the mill and the market price of the lumber at that place. Answer: This…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The plaintiff sold and agreed to deliver to the defendant at his sawmill all of the merchantable timber on a tract of 800 acres of land, and he guaranteed that the total amount would be not less than 9,000,000 feet. The tract did not contain the amount of timber guaranteed, and the plaintiff was unable to deliver more than 5,610,518 feet. In an action to recover the balance of the contract price for the amount delivered, the defendant sought to defalk or set off damages alleged to have been sustained by him because of the failure of the plaintiff to deliver the full…
2Cases cited6 opinions
- Theiss v. WeissSupreme Court of Pennsylvania · 1895
- Adams Express Co. v. EgbertSupreme Court of Pennsylvania · 1860
- Billmeyer, Dill & Co. v. WagnerSupreme Court of Pennsylvania · 1879
- McHose v. FulmerSupreme Court of Pennsylvania · 1873
- Arnold v. BlabonSupreme Court of Pennsylvania · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Norwood Lumber Corporation v. McKeanCourt of Appeals for the Third Circuit · 1946
- Raby, Inc. v. Ward-Meehan Co.Supreme Court of Pennsylvania · 1918
- Clark v. SteeleSupreme Court of Pennsylvania · 1917
- Mindlin v. O'BoyleSupreme Court of Pennsylvania · 1923
- Gloekler v. PainterSupreme Court of Pennsylvania · 1922
6 more not listed; retrieve them via the Exa API.