Gamber v. Wolaver
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. John Wolaver against John Gamber. This was an action of assumpsit, in which the plaintiff declared for the price of coaling 2758 cords of wood for the defendant, at thirty-five cents a cord.
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ERROR to the Common Pleas of Dauphin county. John Wolaver against John Gamber. This was an action of assumpsit, in which the plaintiff declared for the price of coaling 2758 cords of wood for the defendant, at thirty-five cents a cord. On the trial of the cause, the defendant offered in evidence a book kept by Mr Crowl, who is dead, containing an entry of the amount of wood taken up from the chopper, and the dockage, as he made it, to be followed by proof that the wood-choppers received pay for that without dispute, and that Crowl was the wood-manager at the furnace and coaling; and that Mr…
1Opinion of the Court
The opinion of the Court was delivered by
Htjston, J.
In this suit the dispute was occasioned by what is too common among men; the party only made half a contract, or made a contract without mentioning some matters which must be agreed on before their bargain had any certainty. The owner or manager contracts with wood-choppers, who cut the wood and put it up in cords. After this is done, the owner or manager, and the chopper go through it and count the cords; unless there is great confidence, this is always done by them when together. If the billets of wood are not four feet long, or if the…
2Cited by3 opinions
- Brower v. Employers' Liability Assurance Co.Supreme Court of Pennsylvania · 1935
- Alexander v. HoffmanSupreme Court of Pennsylvania · 1843
- Rodgers v. StophelSupreme Court of Pennsylvania · 1858