Guillon v. Earnshaw
Supreme Court of Pennsylvania
Appeal, No. 9, Jan. T., 1895, by-plaintiffs, from order of C. P. No. 3, Phila. Co., June T., 1890, No. 416, refusing to set aside nonsuit. Assumpsit to recover damages for breach of contract. The facts appear by the opinion of the Supreme Court. Depositions of several witnesses taken in Cartagena, Spain, were offered in evidence, to prove the trade custom referred to in the opinion of the Supreme Court.
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Appeal, No. 9, Jan. T., 1895, by-plaintiffs, from order of C. P. No. 3, Phila. Co., June T., 1890, No. 416, refusing to set aside nonsuit. Assumpsit to recover damages for breach of contract. The facts appear by the opinion of the Supreme Court. Depositions of several witnesses taken in Cartagena, Spain, were offered in evidence, to prove the trade custom referred to in the opinion of the Supreme Court. This evidence was objected to by defendant, and excluded by the court. [1-8] The court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiffs appealed. Errors…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The plaintiffs sued to recover the sum of $3,750, with interest from Jan. 1, 1888, damages which they claimed to have suffered, by reason of defendant’s breach of a written contract for sale by them to him of iron ore.
The plaintiffs are dealers in and shippers of ore in Cartagena, Spain ; the defendant is a resident of Philadelphia, and in this particular transaction acted b3r his agents, Allan, Wrenn & Company, of London. Through these agents, on March 28, 1887, the contract sued on was made. It stipulates: 1. That defendant will purchase all the dry iron ore of…
2Cases cited2 opinions
- Carey v. BrightSupreme Court of Pennsylvania · 1868
- Martinez v. EarnshawSupreme Court of Pennsylvania · 1891
3Cited by20 opinions
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