Green v. Roberts
Supreme Court of Pennsylvania
.This was an action on the case brought by Jacob Green against 'Israel Roberts, Richard Jordan and Archibald Robertson. The plaintiff declared in assumpsit for work and labour, and the other money counts and on an account stated, &c. The defendants pleaded non assumpsit and payment, &c.
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.This was an action on the case brought by Jacob Green against 'Israel Roberts, Richard Jordan and Archibald Robertson. The plaintiff declared in assumpsit for work and labour, and the other money counts and on an account stated, &c. The defendants pleaded non assumpsit and payment, &c. On the trial before Rogers, J., at a Court of "Nisi Prius held in Philadelphia, on the 28th of November, 1839, the plaintiff’s counsel -stated that the action was brought to recover the price or value of a .certain steam engine and machinery, made by the plaintiff -for :the defendants in pursuance of .a…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
That a stipulation for performance, within a-'specified period, of a condition precedent to an action at law, must be strictly satisfied, is an elementary principle which is familiar even to the sciolist; and that the acceptance of subsequent performance is taken for an equivalent for it in equity, is equally known. In this instance, however, the stipulation for á time of performance, was not put, without qualification, into the shape of a condition. The plaintiff covenanted that all things should be ready to put the engines and boilers…
2Cited by2 opinions
- Whitehill v. SchwartzSuperior Court of Pennsylvania · 1905
- McManus v. CassidySupreme Court of Pennsylvania · 1870