Bredin v. Dubarry
Supreme Court of Pennsylvania
IN ERROR. ERROR to the District Court for the city and county of Philadelphia. The action was for goods sold and delivered; the pleas were, non ass.umpsit and payment with leave, &e.
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IN ERROR. ERROR to the District Court for the city and county of Philadelphia. The action was for goods sold and delivered; the pleas were, non ass.umpsit and payment with leave, &e. On the trial, the plaintiff proved that he sold to the defendant, Bredin, certain goods and merchandize on the 20th of March, 1815, amounting to four hundred and ten dollars, and on the 19th day of June, 1815, goods to the amount of twelye hundred and eighty-six dollars and sixty-five cents, at a credit of six months, and received on account the following sums; viz. on the 16th of June, 1815, three hundred…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
This case presents for consideration, the construction of the agreement entered into by the clerk of the plaintiff below; and also whether under circumstances which happened subsequently, it became obligatory on the parties. As to the first, the particular form of the receipt, as it now stands, with the words “in full17 scored out, is such as to involve the actual meaning of the parties in obscurity. For what reason the objection to these words was made, it is difficult to conjecture; but as the goods had been purchased from the plaintiff,…
2Cited by2 opinions
- Valentine v. PackerSupreme Court of Pennsylvania · 1847
- Davies v. AtkinsonAppellate Court of Illinois · 1888