Hoy v. Holt
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Centre county: Of May-Term 1879, No. 126. Covenant by John Hoy against William Holt, and others to recover damages for a breach of a covenant in an article of agreement. In 1870 John Hoy, the plaintiff below and the plaintiff in error, was the owner of a valuable tract of timber land in S.now Shoe township, Centre county, Pa., and also of a portable steam saw-mill, which had been in use for several years, and in need of repairs.
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Error to the Court of Common Pleas of Centre county: Of May-Term 1879, No. 126. Covenant by John Hoy against William Holt, and others to recover damages for a breach of a covenant in an article of agreement. In 1870 John Hoy, the plaintiff below and the plaintiff in error, was the owner of a valuable tract of timber land in S.now Shoe township, Centre county, Pa., and also of a portable steam saw-mill, which had been in use for several years, and in need of repairs. William Holt, who lived on an adjoining tract, Jesse Williams and W. M. Holmes, were manufacturers and dealers in lumber. Jesse…
1Opinion of the CourtJustice Paxson
The mill in controversy having been destroyed by fire during the defendants’ occupancy of it, and before they had completed the cutting and manufacturing of the timber purchased of the plaintiff, the defendants allege that they are under no liability to rebuild, or compensate the plaintiff'for his loss, because the contract between the parties was not a lease; but that it was a sale as to the timber, and a bailment as to the mill. It is not important by what name we call the contract. It is material to know what the parties agreed to do. Briefly stated, the plaintiff sold to the defendants…
2Cases cited1 opinion
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
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- Albert M. Greenfield & Co., Inc. v. KoleaSupreme Court of Pennsylvania · 1977
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
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