Legal Opinion

Slaymaker v. Irwin

Supreme Court of Pennsylvania

Decided April 8, 1839PublishedCited by 9 opinions

IN ERROR. Writ of error to the Court of Common Pleas of Chester County, to remove the record of an action on the case, brought by H. Y. Slaymaker and S. R. Slaymaker, partners under the firm of H. Y. Slaymaker and Co., against Samuel Irwin and William W. Houston trading under the firm of Irwin & Houston.

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IN ERROR. Writ of error to the Court of Common Pleas of Chester County, to remove the record of an action on the case, brought by H. Y. Slaymaker and S. R. Slaymaker, partners under the firm of H. Y. Slaymaker and Co., against Samuel Irwin and William W. Houston trading under the firm of Irwin & Houston. The action was brought to recover damages, for not delivering to the plaintiffs a certain quantity of iron which, it was alleged, the defendants had contracted to deliver to the plaintiffs. On the trial, before Darlington, President, on the 19th of May, 1838, the plaintiffs, to prove the…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J. —

It is incumbent on a party suing to recover damages *for breach of contract, to make out a clear case of some matter or thing mutually assented to, and agreed upon by the parties to the alleged contract. When the agreement is in writing, signed and executed by the parties, their assent to all that is contained in it, is no longer a matter of dispute; the questions which arise in such a case, are of a different character. But when it is epistolary, consisting of a series of letters, containing inquiries, propositions and answers, it is…

2Cited by9 opinions

  1. Reilly Foam Corp. v. Rubbermaid Corp.District Court, E.D. Pennsylvania · 2002
  2. Swing v. WalkerSuperior Court of Pennsylvania · 1905
  3. John v. HatfieldIndiana Supreme Court · 1882
  4. Dougherty v. BriggsSupreme Court of Pennsylvania · 1911
  5. Clements v. BolsterSuperior Court of Pennsylvania · 1898

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