Fleming v. Potter
Supreme Court of Pennsylvania
ERROR to the common pleas of Erie county. Simeon Potter against James Fleming and I. Woodworth. This suit was brought partly on a note or agreement, of which the following is a copy: “ Conneaut., June 13th, 1836. For value received we promise to pay Simeon Potter or bearer 40 dollars in castings or ploughs, at our furnace in Elk Greek, by the 1st of November next, if paid in ploughs at our retail price, they are to have two points—if in castings, they are to be stoves, or…
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ERROR to the common pleas of Erie county. Simeon Potter against James Fleming and I. Woodworth. This suit was brought partly on a note or agreement, of which the following is a copy: “ Conneaut., June 13th, 1836. For value received we promise to pay Simeon Potter or bearer 40 dollars in castings or ploughs, at our furnace in Elk Greek, by the 1st of November next, if paid in ploughs at our retail price, they are to have two points—if in castings, they are to be stoves, or any that we make, at our retail price. “ J. Fleming & Woodworth.” Defendants pleaded non assimvpserunt, with leave to give…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
In the case of Roberts v. Beattie, 2 Penns. Rep. 63, the late Mr Justice Ross examined with much care the principles that regulate contracts for the delivery of specific articles, and has referred to numerous authorities on the subject, some of which seem to be decisive on the present question. In Townsend v. Wells, 3 Day’s Rep. 327, in the supreme court of errors, the suit was brought upon a promissory note for 80 dollars, to be paid in good West India rum, sugar or molasses, at the election of the payee, within eight days after date. It…
2Cases cited1 opinion
- Bradwell v. WeeksCourt for the Trial of Impeachments and Correction of Errors · 1815
3Cited by6 opinions
- Cummings v. DudleyCalifornia Supreme Court · 1882
- Santee v. SanteeSupreme Court of Pennsylvania · 1870
- Fitler v. BeckleySupreme Court of Pennsylvania · 1841
- Phillips v. Allegheny Car Co.Supreme Court of Pennsylvania · 1876
- Beede v. ProehlSupreme Court of Minnesota · 1886
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