Easton v. Jones
Supreme Court of Pennsylvania
Appeal, No. 164, Jan. T., 1899, by plaintiff, from order of C. P. Potter Co., June T., 1897, No. 202, refusing to take off nonsuit. Assumpsit on a contract. Before Morrison, J. At tbe trial it appeared that the contract was in substance as follows : Easton agreed to sell Jones 800,000 feet of hemlock lumber.
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Appeal, No. 164, Jan. T., 1899, by plaintiff, from order of C. P. Potter Co., June T., 1897, No. 202, refusing to take off nonsuit. Assumpsit on a contract. Before Morrison, J. At tbe trial it appeared that the contract was in substance as follows : Easton agreed to sell Jones 800,000 feet of hemlock lumber. Easton was to saw it, pile it, and season it according to certain specifications; it was then to be delivered on the cars at a specified point, as fast as Jones directed; the whole amount to be put on the cars within one year from the time of sawing. For this Easton was to receive the sum…
1Opinion of the Court
Opinion by
Mr. Justice Mitci-iell,
After very elaborate specifications of what was to be done *149by the plaintiff, the contract between the parties provides that in consideration thereof the defendant is to pay “ the snm of seven dollars and twenty-five cents per thousand feet .... when loaded on cars as above stated.” Language could not be more explicit or show more clearly the intention of the parties. It meets exactly the suggestion of Shabswood, J., in Shinn v. Bodine, 60 Pa. 182, “what would have been simpler than to have said each cargo to be paid for on delivery, if that had been the…
2Cases cited5 opinions
- Lucesco Oil Co. v. BrewerSupreme Court of Pennsylvania · 1870
- Shinn v. BodineSupreme Court of Pennsylvania · 1869
- Gardner v. LloydSupreme Court of Pennsylvania · 1885
- Quigley v. DeHaasSupreme Court of Pennsylvania · 1876
- Gill v. Johnstown Lumber Co.Supreme Court of Pennsylvania · 1892
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- Heilwood Fuel Co. v. Manor Real Estate Co.Supreme Court of Pennsylvania · 1961
- Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
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