Graver v. Scott
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1875, No. 113. This was an action of debt, brought October 3d 1874, by Alexander Scott against Michael Graver. The plaintiff’s claim was for coal which the defendant was to mine from plaintiff’s property and pay for, under the following agreement between them :— “Agreement made this'13th day of September 1873, at Pittsburg.
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Error to tbe Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1875, No. 113. This was an action of debt, brought October 3d 1874, by Alexander Scott against Michael Graver. The plaintiff’s claim was for coal which the defendant was to mine from plaintiff’s property and pay for, under the following agreement between them :— “Agreement made this'13th day of September 1873, at Pittsburg. “ This agreement witnesseth, that Alexander Scott, of Aliegheny county, of first part, agrees to sell to M. Graver, of Allegheny city, of second part, the following described…
1Opinion of the CourtJustice Woodward
Upon its face, the instrument executed by these' parties on the 13th of September 1843, created two separate and independent contracts. The ice-pond lot was sold for $2500, in two stipulated payments. The consideration for the coal property was to he the payment at the end of each year of half a cent per bushel for all the coal dug and delivered, the purchaser, the defendant below, agreeing to use $1000 worth of coal each year at the specified price. On the trial the ground was taken on the part of the defence, that while the agreement was separable and divisible in its provisions, yet in…
2Cited by5 opinions
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