Hunter & Springer v. McHose
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: of January Term 18S1, No. 71. Covenant, by Daniel S. Hunter and Levi L. Springer, doing business as Hunter & Springer, against Isaac McHose, for breach of a contract under seal to deliver iron ore. The narr., as amended, declared on the following agreement, dated January 18th 1871:— ....
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Error to the Court of Common Pleas of Berks county: of January Term 18S1, No. 71. Covenant, by Daniel S. Hunter and Levi L. Springer, doing business as Hunter & Springer, against Isaac McHose, for breach of a contract under seal to deliver iron ore. The narr., as amended, declared on the following agreement, dated January 18th 1871:— .... “ Witnesseth that the said McHose agrees to furnish the said Hunter & Springer 3,000 tons of iron ore yearly from the Neikirk farm in Franklin county, Pa., at the rate of 250 tons per month, for three years from the time of commencing operations there,…
1Opinion of the CourtChief Justice Skarswood
Had the declaration in this case contained the same averment as in Gower v. Sterner, 2 Whart. 75, — namely, that the cotemporaneous parol agreement offered to be proved was intended by the parties to have been inserted in the covenant, but was omitted therefrom by the mistake of the scrivener, —there would have been ground for holding that the offer of evidence rejected' should have been admitted. Such an averment, if proved, would have justiñed a reformation of the instrument. What a chancellor would decree to be done, the courts of this state consider as actually done. Covenant then would…
2Cases cited2 opinions
- Vicary v. MooreSupreme Court of Pennsylvania · 1834
- Gower v. SternerSupreme Court of Pennsylvania · 1837
3Cited by11 opinions
- Rinker v. Ætna Life InsuranceSupreme Court of Pennsylvania · 1906
- Krueger v. NicolaSupreme Court of Pennsylvania · 1903
- General Motors Truck Co. v. Philadelphia Paving Co.Supreme Court of Pennsylvania · 1915
- Crelier v. MackeySupreme Court of Pennsylvania · 1914
- Lowry v. RoySupreme Court of Pennsylvania · 1913
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