Stewart v. Kelly
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. ■This was an-action in assumpsit by Stewart, Stinson, and others, against Patrick Kelly, for not complying with his agreement for the purchase of a quantity of hogs. Plaintiff had agreed to deliver to Kelly, at Baltimore, from 500 to 1200 head of hogs, for which Kelly was to pay at the rate of $6 per 100 net weight when delivered. In the narr. filed, the delivery of the hogs was alleged.
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Error to the Common Pleas of Lancaster county. ■This was an-action in assumpsit by Stewart, Stinson, and others, against Patrick Kelly, for not complying with his agreement for the purchase of a quantity of hogs. Plaintiff had agreed to deliver to Kelly, at Baltimore, from 500 to 1200 head of hogs, for which Kelly was to pay at the rate of $6 per 100 net weight when delivered. In the narr. filed, the delivery of the hogs was alleged. The evidence not establishing the delivery of the hogs, the plaintiffs’ counsel on the trial asked leave to withdraw the narr. on file, and substitute a new one,…
1Opinion of the Court
The opinion of the court was delivered May 19, by
Chambers, J.
This action is one of assumpsit on special contract, in writing of defendant, to pay the plaintiffs a certain price for a number of hogs to be delivered the defendant at Baltimore by a time appointed. The plaintiffs declared on an executed contract, alleging performance by delivery of the hogs, and claimed damages of the defendant for a refusal to pay. The evidence furnished by the plaintiffs proved that they had, at Baltimore, the hogs contracted for at the time appointed; and that they were then and there ready to deliver the same…
2Cases cited2 opinions
- Diehl v. M'GlueSupreme Court of Pennsylvania · 1830
- Caldwell v. RemingtonSupreme Court of Pennsylvania · 1837