Janes v. Scott
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of JErie county: No. 125, to October and November Term 1867. This was an action of assumpsit by William L. Scott and others against M. W. Janes, commenced December 4th 1865. The plaintiffs declared upon a guaranty by defendant for the fulfilment of a contract of one Burke to furnish the machinery, &c., and dig an oil-well for them: they averred that Burke had not fulfilled his contract and was insolvent.
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Error to the Court of Common Pleas of JErie county: No. 125, to October and November Term 1867. This was an action of assumpsit by William L. Scott and others against M. W. Janes, commenced December 4th 1865. The plaintiffs declared upon a guaranty by defendant for the fulfilment of a contract of one Burke to furnish the machinery, &c., and dig an oil-well for them: they averred that Burke had not fulfilled his contract and was insolvent. The contract with Burke was dated August 3d 1865; he was to furnish all the machinery, &c., and drill an oil-well 4-J inches in diameter, to complete it to…
1Opinion of the Court
The opinion of the court was delivered, October 29th 1868, by
Thompson, C. J.
We entirely agree with the learned judge below, that the guaranty of the defendant, the plaintiff in error, was not a guaranty of mere skill and fidelity on part of Burke, *182the contractor, distinct from, or independent of, performance, but that it was for the substantial completion of the contract according to its terms ex visceribus suis. This is imported in the terms used in the contract, viz., “ that the said Burke shall well and faithfully perform his part of the foregoing contract.” The contract distinctly…
2Cited by8 opinions
- Purdy v. MasseySupreme Court of Pennsylvania · 1931
- Johnson v. Charles D. Norton Co.Court of Appeals for the Sixth Circuit · 1908
- Mechanics Trust Co. v. Fidelity & Casualty Co.Supreme Court of Pennsylvania · 1931
- Downer v. United States Fidelity & Guaranty Co. of MarylandCourt of Appeals for the Third Circuit · 1931
- Iron Trade Products Co. v. Wilkoff Co.Supreme Court of Pennsylvania · 1922
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