Reybold v. Voorhees
Supreme Court of Pennsylvania
Certificate from the Court of Nisi Prius. This was an action of covenant, by Peter Voorhees, Benjamin Marlatt, George Fielder, and Abijah Mount, trading as Voorhees, Marlatt & Co., against William Reybold. The case was tried on the 81st of December 1856, before Knox, J., and resulted in a verdict for the plaintiffs for $1520.20; upon which judgment was entered.
Read the full summary
Certificate from the Court of Nisi Prius. This was an action of covenant, by Peter Voorhees, Benjamin Marlatt, George Fielder, and Abijah Mount, trading as Voorhees, Marlatt & Co., against William Reybold. The case was tried on the 81st of December 1856, before Knox, J., and resulted in a verdict for the plaintiffs for $1520.20; upon which judgment was entered. It appeared on the trial that, on the 4th of August 1854, the parties entered into the following agreement; — ■ “ An article of agreement made, this fourth day of August, A. D. 1854, between William Reybold, of the county of New…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
— Promptness is of essential importance in the execution of a contract for the sale and delivery of a ripening crop of peaches; and when the parties have contracted for the times of delivery, and payment, they are entitled to be tried by their contract. If the buyer does not pay according to contract, the seller is not bound to keep the peaches for him at the risk of their rotting, nor to deliver them at the risk of not being paid, any more than the buyer would be bound to accept the delivery weekly instead of daily. Neither party has any…
2Cited by10 opinions
- National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
- Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
- Hull Coal & Coke Co. v. Empire Coal & Coke Co.Court of Appeals for the Fourth Circuit · 1902
- Portland Ice Co. v. ConnorSuperior Court of Pennsylvania · 1904
- American Tube & Stamping Co. v. Erie Iron & Steel Co.Supreme Court of Pennsylvania · 1924
5 more not listed; retrieve them via the Exa API.