Dickinson v. Calahan's Administrators
Supreme Court of Pennsylvania
Error to the Common Pleas of .Lycoming county. Two suits were brought' by J. II.. Woodruff and D. E. Calahan, administrators of the estate of William Calahan, deceased, against Samuel Dickinson, executor of the will of D. B. R. Dickinson, deceased; the one in covenant, and the other in assumpsit, for the same cause of action; viz., to recover the value of 186,678 feet of pine lumber, at $6 per thousand, and interest thereon from 10th April, 1842. On 26th February, 1838,…
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Error to the Common Pleas of .Lycoming county. Two suits were brought' by J. II.. Woodruff and D. E. Calahan, administrators of the estate of William Calahan, deceased, against Samuel Dickinson, executor of the will of D. B. R. Dickinson, deceased; the one in covenant, and the other in assumpsit, for the same cause of action; viz., to recover the value of 186,678 feet of pine lumber, at $6 per thousand, and interest thereon from 10th April, 1842. On 26th February, 1838, William Calahan made an agreement in writing, under seal, with D. B. R. Dickinson, to sell to him all the white pine lumber…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Lowrie, J.
It seems to us very doubtful whether the oral contract could be rightly proved by the evidence that was submitted to the jury. But admit that it could. The one party, a lumber manufacturer, agreed to sell to the other, a lumber merchant, all *231the lumber to be sawed at his mill during five years, and that the quantity should be equal on an'average to 300,000 feet in a year, without stipulating for any given quantity in any one year, and the lumber was to be paid for as delivered. Before the five years had expired, both parties died; and…
2Cases cited2 opinions
- Nickerson v. HowardNew York Supreme Court · 1821
- McCord v. West Feliciana Rail RoadSupreme Court of Louisiana · 1842
3Cited by9 opinions
- Book's EstateSupreme Court of Pennsylvania · 1929
- Sorber v. MastersSupreme Court of Pennsylvania · 1919
- Harlow v. Oregonian Pub. Co.Oregon Supreme Court · 1909
- Herman's EstateSuperior Court of Pennsylvania · 1927
- Stormer EstateSupreme Court of Pennsylvania · 1956
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