Carmalt v. Platt
Supreme Court of Pennsylvania
ERROR to the common pleas of Susquehanna county. Caleb Carmalt against Samuel Platt. Ejectment for ten acres of land and a saw mill.
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ERROR to the common pleas of Susquehanna county. Caleb Carmalt against Samuel Platt. Ejectment for ten acres of land and a saw mill. This action arose out of the following contract for the sale of the land in dispute by the plaintiff to the defendant: “Articles of agreement made the 14th day of January A. D. 1835, between Samuel Platt of the one part, and Caleb Carmalt of the other part, witnesseth, that the said Samuel Platt for himself, his heirs, executors and administrators, doth covenant and agree to procure from off the lands hereinafter described, sixty thousand feet of white pine…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This suit is brought to enforce the performance of a contract.. The defendant, as the plaintiff alleges, failed to deliver, according to the articles, sixty thousand feet of white pine boards within a reasonable time, and also fifteen thousand feet of lumber in each and every year. The defendant alleges that he has performed his contract according to its true intent and meaning; but the parties differ as to the construction of the agreement, and this is the first question to be decided. The defendant contends that the delivery of the sixty…
2Cases cited1 opinion
- Peirce v. ChaseMassachusetts Supreme Judicial Court · 1812
3Cited by3 opinions
- Quigley v. DeHaasSupreme Court of Pennsylvania · 1876
- Baltimore Brick Co. v. CoyleSuperior Court of Pennsylvania · 1901
- Snyder v. LoySuperior Court of Pennsylvania · 1897