North American Oil Co. v. Forsyth Bros.
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county.' This was an action of assumpsit by The North American Oil Company against William PI. Forsyth, Henry Forsyth, and Jacob Forsyth, partners trading as Forsyth Brothers & Oo.
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Error to the Common Pleas of Allegheny county.' This was an action of assumpsit by The North American Oil Company against William PI. Forsyth, Henry Forsyth, and Jacob Forsyth, partners trading as Forsyth Brothers & Oo. The case was this: — In the month of July 1863, the plaintiffs and defendants entered into a contract, in the following terms, viz.:— “Pittsburgh, July 16th 1863. “ Purchased of Forsyth Brothers & Co. four thousand barrels good merchantable crude oil, to he delivered in their barrels on hoard cars of Allegheny Valley Railroad, and paid for by us in. lots as delivered, at the…
1Opinion of the Court
The opinion of the court was delivered by
Agnew, J.
— As we read this record the court below presented to the jury two questions of fact, to wit: Whether the plaintiffs were diligent in paying for the oil already delivered, after the notice of rescission; and whether they evinced their readiness in the future to perform their contract according to its terms.
Having stated that after a mutual departure from the rigidity of performance, neither party could declare a rescission for past acts, the court said : “ The legal effect of the notice of 14th September was, that if plaintiffs did not pay up…
2Cited by5 opinions
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