Conawingo Petroleum Refining Co. v. Cunningham
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 98½, to January Term 1874. This was an action of assumpsit brought August 5th 1871, by the Conawingo Petroleum Refining Company against Wilson A. Cunfaingham.
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Error to the District Court of Philadelphia: No. 98½, to January Term 1874. This was an action of assumpsit brought August 5th 1871, by the Conawingo Petroleum Refining Company against Wilson A. Cunfaingham. A case stated was filed in the cause which exhibited the following facts:— The plaintiffs and defendant entered into a contract as follows, , viz.:— “Oil City, Sept. 9th 1870. Sold on account of the Conawingo Petroleum Refining Company to Wilson A. Cunningham 1000 barrels good green merchantable crude petroleum, 40 gallons to the barrel, gravity forty to forty-six degrees at a temperature…
1Opinion of the Court
*140The opinion of the court was delivered, January 26th 1874, by
Agnew, C. J.
The contract in this case was for the sale of “ one
thousand barrels good green merchantable crude petroleum, forty gallons to the barrel, gravity forty to forty-six degrees, at a temperature of 60° Fahrenheit, to be delivered, buyer’s option, at any time from this date to December 31st 1870, in bulk cars,” &c. Does thé expression to December 31st 1870, include the 31st day?
This question cannot be decided by cases which interpret dubious expressions in laws or rules of court, in order to preserve rights or fulfil special…