Alexander v. Hoffman
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Perry county. This was an action on the case brought by George Hoffman against S. Alexander.
Read the full summary
ERROR to the Common Pleas of Perry county. This was an action on the case brought by George Hoffman against S. Alexander. The declaration stated “ Whereas on the 26th November 1839, an agreement in writing was entered into between the said Hoffman of the one part, and Alexander, by his agent John D. Creigh, of the other part, as follows, viz. ‘ Said Hoffman hereby agrees to chop and rank in a workman-like manner, during the ensuing winter and before the first of April next, 6000 cords of wood: also the said Hoffman agrees to haul the said wood into pit, and make all the necessary hearths and…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This was an action on the case to recover compensation for work and labour under special agreement. The plaintiff avers a general performance, and alleges specific breaches of the contract by the defendant. It is conceded that neither party performed his part of the agreement literally, but the plaintiff insists that he was prevented from performance by the default of the defendant. And this raises the first question; for the defend*384ant alleges, that admitting this to be true, notwithstanding, no recovery can be had on a declaration containing…
2Cases cited3 opinions
- Lonergan v. WhiteheadSupreme Court of Pennsylvania · 1840
- Gamber v. WolaverSupreme Court of Pennsylvania · 1841
- Cassell v. CookeSupreme Court of Pennsylvania · 1822
3Cited by6 opinions
- Witten v. StoutSupreme Court of Pennsylvania · 1925
- Corr v. SellersSupreme Court of Pennsylvania · 1882
- Pringle v. Neff, Exctx.Superior Court of Pennsylvania · 1933
- Brick v. Kapner, Pennsylvania Court of Common Pleas, Philadelphia County1938
- Brown's EstatePennsylvania Orphans' Court, Philadelphia County · 1935
1 more not listed; retrieve them via the Exa API.