Philpot v. Gruninger
Supreme Court of the United States
Error to the Circuit Court for the Northern District of Illinois; the case being this: On the 19th of October, 1864, Gruninger, by articles of agreement, sold, or agreed to sell, to B. Philpot and H. Picket, residing at Titusville, Pennsylvania (who, with George Sherman, of Philadelphia, had been speculating in oil wells), a well “ on the Blood Farm” near the town named; Philpot and Picket agreeing by the articles to pay Gruninger $3500 within thirty days.
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Error to the Circuit Court for the Northern District of Illinois; the case being this: On the 19th of October, 1864, Gruninger, by articles of agreement, sold, or agreed to sell, to B. Philpot and H. Picket, residing at Titusville, Pennsylvania (who, with George Sherman, of Philadelphia, had been speculating in oil wells), a well “ on the Blood Farm” near the town named; Philpot and Picket agreeing by the articles to pay Gruninger $3500 within thirty days. The money was not thus paid. Gruninger, after the sale, went to Massachusetts, but by the 24th of February, 1865, had returned to…
1Opinion of the CourtJustice Strong
delivered the.opinion of the court.
That a part of the consideration of the note, was the debt due for the oil well which Gruninger had sold six months before to Philpot and Picket; or that the note was intended as an adjustment of that debt, is but faintly denied; but the plaintiffs in error insist that a part at least of the consideration was the agreement of the promisee to contribute to the formation of the proposed company, an agreement which they allege he has failed to perform; and they complain that the jury were misled by an instruction that they might consider whether the signing of…
2Cited by54 opinions
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- Dougherty v. . SaltNew York Court of Appeals · 1919
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