Kunkle v. Mitchell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county : No. 12, to October and November Term 1866. This was an action of covenant, brought December 21st 1863, by Daniel Kunkle against Robert Mitchell. The covenant on which the action was founded is contained in the following agreement:— “ Article of agreement made and concluded this 27th day of December 1862, between Robert Mitchell, Jr., of Indiana county, Penna., and Daniel Kunkle, of Westmoreland county, Penna.
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Error to the Court of Common Pleas of Westmoreland county : No. 12, to October and November Term 1866. This was an action of covenant, brought December 21st 1863, by Daniel Kunkle against Robert Mitchell. The covenant on which the action was founded is contained in the following agreement:— “ Article of agreement made and concluded this 27th day of December 1862, between Robert Mitchell, Jr., of Indiana county, Penna., and Daniel Kunkle, of Westmoreland county, Penna. The said Mitchell agrees to deliver on the cars at Indiana seventy-five thousand feet of lumber, at 85 cents per hundred feet.…
1Opinion of the Court
The opinion of the court was delivered, November 7th 1867, by
Read, J.
This is an action of covenant to recover damages for the non-delivery of lumber. The article of agreement between the plaintiff and defendant is dated December 27th 1862, by which the defendant, Mitchell, agreed to “ deliver on the cars at Indiana 75,000 feet of lumber at eighty-five cents per hundred feet.” This is the controlling clause as to the place of delivery. The cars would be either the ears of the plaintiff or those of the railroad company, and in either case they were to be provided by the plaintiff, and not by…
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