Carrier & Baum v. Dilworth
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 44, to October and November Term 1868. This was an action of assumpsit by William Bilworth, Jr., against John Carrier and A. F. Baum, trading as Baum & Co. The writ was issued March 13th 1868. The declaration, which was filed with the prseeipe, set out in totidem verbis an agreement tender seal, signed “Wm.
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Error to the Court of Common Pleas of Allegheny county: No. 44, to October and November Term 1868. This was an action of assumpsit by William Bilworth, Jr., against John Carrier and A. F. Baum, trading as Baum & Co. The writ was issued March 13th 1868. The declaration, which was filed with the prseeipe, set out in totidem verbis an agreement tender seal, signed “Wm. Dilworth, Jr.,” “A. F. Baum & Co.,” dated February 27th 1862, by which Baum & Co. agreed to deliver to Dilworth, at his mill in Allegheny City, before the 1st day of June then next, 50,000 feet of good, sound, clean, merchantable…
1Opinion of the Court
*410The opinion of the court was delivered, January 4th 1869, by
Sharswood, J.
The 1st error assigned is to the admission in evidence of the agreement of February 27th 1862. This agreement was under seal, and purported to be executed by one of the members of a firm. The action was assumpsit, and both in the original and the amended declaration the agreement in question was set out, not as the cause of action, but as inducement to a parol promise by the defendants to the plaintiff. Any alteration of a specialty by parol makes the whole contract parol; covenant cannot be maintained upon it; the terms…
2Cases cited2 opinions
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