Wisecarver v. Adamson
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OE GREENE COUNTY. No. 193 October Term 1887, Sup. Ct.; court below, No'. 57 June Term 1884, C. P. The cause below was on an appeal by tbe defendant from a judgment by a justice of tbe peace in favor of J. H. Adamson against George Wisecarver for $34.03. At tbe trial on January 18, 1887, tbe plaintiff, J. H. Adam-son, proved that in 1881 he was operating a planing mill in Waynesburgh, and the defendant, George Wisecarver, owning a farm in…
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ERROR TO THE COURT OF COMMON PLEAS OE GREENE COUNTY. No. 193 October Term 1887, Sup. Ct.; court below, No'. 57 June Term 1884, C. P. The cause below was on an appeal by tbe defendant from a judgment by a justice of tbe peace in favor of J. H. Adamson against George Wisecarver for $34.03. At tbe trial on January 18, 1887, tbe plaintiff, J. H. Adam-son, proved that in 1881 he was operating a planing mill in Waynesburgh, and the defendant, George Wisecarver, owning a farm in Franklin township, became indebted to him for dressing oak flooring and poplar siding to the amount of $31.93. The…
1Opinion of the Court
Opinion,
Me. Justice Paxson :
We are of opinion that the defendant’s first point should have been affirmed. If, as stated in the point, the lumber of the defendant below was to be planed and dressed at the plaint*58iff’s mill at a price agreed, upon, and the plaintiff was to take lumber of the defendant at a fixed price in payment, and to be delivered at the farm of the latter, and the defendant had and kept at the place of delivery a supply of such lumber, which he was at all times ready and willing to deliver to plaintiff, and sufficient to pay his bill for sawing, it was plaintiff’s duty to…
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