Smethurst v. Woolston
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. This was an action on the case, brought by Thomas L, Woolston against Robert Smethurst, on a guaranty in writing given on the 29th of July 1839 by the defendant to the plaintiff for the performance of a contract dated July 24th 1839, made by John Bosler with the plaintiff to deliver to the latter at any time after the 1st of October 1839, on five days’ notice, for value received, 13,000 morus multicaulis…
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ERROR to the District Court for the city and county of Philadelphia. This was an action on the case, brought by Thomas L, Woolston against Robert Smethurst, on a guaranty in writing given on the 29th of July 1839 by the defendant to the plaintiff for the performance of a contract dated July 24th 1839, made by John Bosler with the plaintiff to deliver to the latter at any time after the 1st of October 1839, on five days’ notice, for value received, 13,000 morus multicaulis trees. • On the trial, the plaintiff, after giving in evidence the article of sale and guaranty, offered to prove the…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The value of the article, at or about the time it is to be delivered, is the measure of damages in a suit by the vendee against the vendor, for a breach of the contract. This principle is ruled in Meason v. Philips, (Addison 346); is recognised in Edgar v. Boies, (11 S. & R. 452); and is, in effect, affirmed by all the authorities cited. Indeed, the general principle is not denied, but it is contended that this is an exception; that the rule holds good only when the purchase money has not been paid; but that when the purchase money has been…
2Cases cited1 opinion
- Patton v. NicholsonSupreme Court of the United States · 1818
3Cited by11 opinions
- Findlay & Hay v. KeimSupreme Court of Pennsylvania · 1869
- Crossgrove v. HimmelrichSupreme Court of Pennsylvania · 1867
- Forsyth v. PalmerSupreme Court of Pennsylvania · 1850
- Harvey v. MyerIndiana Supreme Court · 1857
- Mason v. SummersMissouri Court of Appeals · 1887
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