Legal Opinion

Singerly v. Thayer

Supreme Court of Pennsylvania

Decided October 5, 1885PublishedCited by 64 opinions

Error to the Court of Common Pleas, No. 4, of Philadelphia county : Assumpsit, by Eli Thayer against William M. Singerly.

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Error to the Court of Common Pleas, No. 4, of Philadelphia county : Assumpsit, by Eli Thayer against William M. Singerly. The narr. averred that the said parties had entered into an agreement whereby plaintiff was to put a hydraulic elevator of a certain kind into a building then being erected by the defendant, for the sum of $2800; that plaintiff had in great part performed his part of the agreement, and “ hath always been ready and willing to perform and complete the whole of said work in pursuance of the said agreement ” yet the defendant “ did not nor would permit or suffer the said…

1Opinion of the CourtChief Justice Mercur

This contention arises on a contract contained in the following written proposal, to wit:

15th and Market,- Phila. Pa., 8,16,1881.

Wm. M. Singerly, Esq.:

I propose to put my patent hydraulic hoist in your new building on Chestnut street, (including a duplex pump worth $800), according to verbal specifications given by your architect, for $2,300, warranted satisfactory in every respect.

Yours, Eli Thayer.

Plaintiff in error accepted this proposition. The elevator was substantially finished. It proved to be unsatisfactory. He therefore declined to accept it, and gave notice that he desired it to be…

2Cases cited4 opinions

  1. Brown v. FosterMassachusetts Supreme Judicial Court · 1873
  2. Zaleski v. ClarkSupreme Court of Connecticut · 1876
  3. Gibson v. CranageMichigan Supreme Court · 1878
  4. Hoffman v. GallaherNew York Court of Common Pleas · 1875

3Cited by64 opinions

  1. Mackenzie v. MinisSupreme Court of Georgia · 1909
  2. Manning v. School District No. 6Wisconsin Supreme Court · 1905
  3. Williams v. NotopolosSupreme Court of Pennsylvania · 1918
  4. Sax v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1900
  5. Jenkins Towel Service v. Tidewater Oil Co.Supreme Court of Pennsylvania · 1966

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