Grove's v. Donaldson
Supreme Court of Pennsylvania
Error to the Common Pleas of Columbia county. This was an action of assumpsit, by J. P. & J. Grove, partners, against William Donaldson and John McQuhae, (the latter of whom died after the commencement of the action,) to recover liquidated damages at the rate of $2 per ton,for not delivering 753 tons of ore. The pleas were non-assumpsit, payment with leave, and set-off.
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Error to the Common Pleas of Columbia county. This was an action of assumpsit, by J. P. & J. Grove, partners, against William Donaldson and John McQuhae, (the latter of whom died after the commencement of the action,) to recover liquidated damages at the rate of $2 per ton,for not delivering 753 tons of ore. The pleas were non-assumpsit, payment with leave, and set-off. The agreement was as follows:— Articles of an agreement made and concluded this thirtieth day of July, one thousand eight hundred and forty-five, between Donaldson & McQuhae, merchants, of Danville, of the first part, and J.…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
This is an action of assumpsit, to recover liquidated damages for the non-performance of a written contract. It is not pretended by the defendant that the agreement was performed on his part, but he insists that performance was prevented by the acts of the plaintiff himself. If so, the defendant has a complete defence to the action, as it is unquestionable that one party may show by parol that the other party has waived or prevented performance of a contract, either written or parol. A party who dispenses with or prevents performance of a…
2Cited by8 opinions
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- Kress House Moving Co. v. George Hogg Co.Supreme Court of Pennsylvania · 1919
- Webster v. Monongahela River Consolidated Coal & Coke Co.Supreme Court of Pennsylvania · 1902
- Brownfield's Executors v. BrownfieldSupreme Court of Pennsylvania · 1892
- Magen v. NeimanSupreme Court of Pennsylvania · 1930
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