Fessler v. Love & Powell
Supreme Court of Pennsylvania
Error, to the Common Pleas of Lycoming county. This was an action of assumpsit by Benjamin D. Love and Samuel Powell, partners trading as Love & Powell, against P. Gr. Fessler. The plaintiff declared on two promissory notes made by defendant, dated May 16th and May 17th 1860, for $456.50 at six months, to which the defendant pleaded non assumpsit and payment.
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Error, to the Common Pleas of Lycoming county. This was an action of assumpsit by Benjamin D. Love and Samuel Powell, partners trading as Love & Powell, against P. Gr. Fessler. The plaintiff declared on two promissory notes made by defendant, dated May 16th and May 17th 1860, for $456.50 at six months, to which the defendant pleaded non assumpsit and payment. The case was this: — On the 10th day of October 1859, the plaintiffs made a written contract with the defendant, to deliver two millions of feet, or more, of white pine logs, at the mouth of Little Clearfield creek, in the spring of…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— When this case was here before, 7 Wright 318, we decided that the defendant might defalk his damages on account of the non-performance of the contract, in payment, or perhaps rather in part payment, for that which the notes in suit had been given. As these damages were claimed to have arisen out of the same transaction, they might well be set up as an offset or extinguishment against the plaintiff’s claim. That question was settled in that case, but the question of the measure of damages which the defendant might justly claim was left…
2Cases cited1 opinion
- Andrews v. HooverSupreme Court of Pennsylvania · 1839
3Cited by8 opinions
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- Mellon Bank, N. A. v. Aetna Business Credit Inc.District Court, W.D. Pennsylvania · 1980
- Norwood Lumber Corporation v. McKeanCourt of Appeals for the Third Circuit · 1946
- National Coal Co. v. OverholtWest Virginia Supreme Court · 1917
- Kinports v. BreonSupreme Court of Pennsylvania · 1899
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