Quigley v. DeHaas
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clinton county: Of January Term 1876, No. 27. Certified from Eastern District. In the court below this was an aetion of covenant, brought by John P. DeHaas against A. J. Quigley and Joseph H. Bailey.
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Error to the Court of Common Pleas of Clinton county: Of January Term 1876, No. 27. Certified from Eastern District. In the court below this was an aetion of covenant, brought by John P. DeHaas against A. J. Quigley and Joseph H. Bailey. The action was founded upon the following agreement:— “Agreement made and concluded this twenty-third day of August 1871, by and between Joseph H. Bailey and A. J. Quigley, representing the Clinton and Potter County Navigation Co., of the first part, and John P. DeHaas of Curtin township, Centre county, Pa., of the second part, as follows: Witnesseth that the…
1Opinion of the CourtJustice Gordon
This action was well brought against Quigley & Bailey. Though they contract as agents, for the benefit of the Navigation Company, yet they do so under their own individual seals and hence become individually liable: Hopkins v. Mehaffy, 11 S. & R. 128, per Gibson, J. So far we agree with the learned judge below, but from his construction of the contract we must dissent. Whether a contract be entire or severable depends more on the intention of the parties as gathered from the whole instrument, than upon the specific method of performance or payment. We have, in the case of Carmalt v. Platt, 7…
2Cases cited2 opinions
- Monongahela Navigation Co. v. FenlonSupreme Court of Pennsylvania · 1842
- Carmalt v. PlattSupreme Court of Pennsylvania · 1838
3Cited by13 opinions
- Britex Waste Co. v. Nathan Schwab & Sons, Inc.Superior Court of Pennsylvania · 1939
- Easton v. JonesSupreme Court of Pennsylvania · 1899
- Yentis v. MillsSupreme Court of Pennsylvania · 1929
- Chandley Bros. v. Cambridge Springs BoroughSupreme Court of Pennsylvania · 1901
- Stephenson v. DodsonSuperior Court of Pennsylvania · 1908
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