Rugg & Bryan v. Moore
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of July Term 1885, No. 1. Assumpsit, by John H. Moore against the firm of Rugg & Bryan, to recover damages for a breach of contract. On the trial, before Livingston, P. J., it appeared that in July, 1879, the defendants, who were grain dealers in Peoria, Illinois, thi’ough their agent in Lancaster, sold to the plaintiff six car loads of corn at a certain price per bushel, to be delivered on cars at Landisville.
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Error to the Court of Common Pleas of Lancaster county: Of July Term 1885, No. 1. Assumpsit, by John H. Moore against the firm of Rugg & Bryan, to recover damages for a breach of contract. On the trial, before Livingston, P. J., it appeared that in July, 1879, the defendants, who were grain dealers in Peoria, Illinois, thi’ough their agent in Lancaster, sold to the plaintiff six car loads of corn at a certain price per bushel, to be delivered on cars at Landisville. On August 16th, the first car arrived, and also two drafts. Plaintiff paid the first draft and wrote, asking’ why the remaining…
1Opinion of the CourtJustice Green
This case comes before us in an unsatisfactory manner. The theory of the defence was that the contract was for the sale and delivery of six carloads of corn to be paid for at a price per bushel on the delivery of each carload,'by means of the acceptance and payment of a sight draft for each carload. There was evidence in support of this theory, the most precise and persuasive of which came from the plaintiff on. the v. itness *239stand, and from his act of accepting and paying the draft drawn for the first carload. He also said the price-was to be by the bushel and named the amount, 45§c. for…
2Cases cited2 opinions
- Stephenson v. CadyMassachusetts Supreme Judicial Court · 1875
- Bradley v. KingIllinois Supreme Court · 1867
3Cited by28 opinions
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- Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
- Ohio Valley Buggy Co. v. Anderson Forging Co.Indiana Supreme Court · 1907
- Armsby v. Grays Harbor Commercial Co.Oregon Supreme Court · 1912
- Hull Coal & Coke Co. v. Empire Coal & Coke Co.Court of Appeals for the Fourth Circuit · 1902
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