Eckel v. Murphey
Supreme Court of Pennsylvania
Error to the Common Pleas of Sehuylhill county. This was an amicable action on the case, to September term 1848, in which there was a verdict for defendant. The action was instituted upon a promissory note for the sum of $737.06, dated the 8th day of April, 1848, payable at sixty days. Plaintiff declared on the note, and added a count for goods sold and delivered.
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Error to the Common Pleas of Sehuylhill county. This was an amicable action on the case, to September term 1848, in which there was a verdict for defendant. The action was instituted upon a promissory note for the sum of $737.06, dated the 8th day of April, 1848, payable at sixty days. Plaintiff declared on the note, and added a count for goods sold and delivered. The defendant set up as defence to the payment of the note, that it was given in pursuance of a contract for the sale of all plaintiff’s red-ash coal mined that season at Tremont—that the plaintiff had violated the said contract, in…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
The instruction given to the jury below, that the plaintiff could not recover without showing a complete performance on his part of the written agreement of January 1848, is professedly founded on the doctrine declared in Algeo v. Algeo, 10 Ser. & R. 235, and Harris v. Liggett, 1 W. & Ser. 301. But in the hurry almost necessarily attendant upon a trial at bar, the court overlooked a very important feature of the present controversy, broadly distinguishing it from the authorities cited. In those cases, the somewhat anomalous rule was recognised,…
2Cited by17 opinions
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- Witten v. StoutSupreme Court of Pennsylvania · 1925
- Leonard v. Wessel (In Re Jackson)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Altoona Clay Products, Inc. v. Dun & Bradstreet, Inc.District Court, W.D. Pennsylvania · 1968
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