Morgan v. McKee
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1874, No. 7. This was an action of assumpsit, brought to February Term 1871, of the court below, by John A. McKee against B. W." Morgan and S. A. Morgan, partners as B. W. Morgan & Co. The plaintiffs claim, as set forth in his declaration and affidavit of claim, was on three similar instruments of writing, all dated March 5th 1870, each of which was for the sale by the plaintiff to the…
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Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1874, No. 7. This was an action of assumpsit, brought to February Term 1871, of the court below, by John A. McKee against B. W." Morgan and S. A. Morgan, partners as B. W. Morgan & Co. The plaintiffs claim, as set forth in his declaration and affidavit of claim, was on three similar instruments of writing, all dated March 5th 1870, each of which was for the sale by the plaintiff to the defendants of 500 barrels of petroleum; one for the delivery of 500 barrels between the 16th and 31st days of October, at…
1Opinion of the CourtJustice Williams
The offer of the defendants below was rightly rejected, if the evidence proposed to be given would have constituted no defence to the action. In one respect the offer was self-contradictory. It proposed to show that the contract was entire, when by its very terms, as set out in the offer, it was severable as respects its performance by both parties. The petroleum bought by the defendants was not to be delivered at one time for a single and entire consideration, to be paid when the delivery was complete, but it was deliverable monthly by the plaintiff in specified quantities, and the…
2Cited by23 opinions
- Kinter v. Commonwealth Trust Co.Supreme Court of Pennsylvania · 1922
- Wright v. General Carbonic Co.Supreme Court of Pennsylvania · 1921
- Tinius Olsen Testing MacHine Co. v. Wolf Co.Supreme Court of Pennsylvania · 1929
- Continental Jewelry Co. v. Pugh Bros.Supreme Court of Alabama · 1910
- Spiegelberg v. KarrSuperior Court of Pennsylvania · 1904
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