Legal Opinion

Cullum v. Wagstaff

Supreme Court of Pennsylvania

Decided July 1, 1864PublishedCited by 13 opinions

Error to the Common Pleas of Venango county. This was an action of assumpsit, by David Wagstaff against H. Cullum, to recover damages for the non-delivery of five hundred oil-barrels, and thirty-five barrels of crude petroleum, to which was added a claim for money had and received, and the use and occupation of a boat which the plaintiff averred he had bought of defendant, but which the latter had sold at Pittsburgh.

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Error to the Common Pleas of Venango county. This was an action of assumpsit, by David Wagstaff against H. Cullum, to recover damages for the non-delivery of five hundred oil-barrels, and thirty-five barrels of crude petroleum, to which was added a claim for money had and received, and the use and occupation of a boat which the plaintiff averred he had bought of defendant, but which the latter had sold at Pittsburgh. The contract for the barrels and boat was as follows:— “ This is to certify, that Horace Cullum, of Meadville, Penna., and F; T. Munson, agent, of Weedsport, Cayuga co., N. Y.,…

1Opinion of the Court

The opinion of the court was delivered by

Agnew, J.

— The point made by the plaintiff in error upon the bill of exception to the admission of evidence of the price of oil-barrels at Franklin and Oil City is, that it was the market value at Meadville which should govern. The bill merely states that the plaintiff offered to prove the price at these places for the purpose of showing damages, to which the defendant objected. But on what ground did he object ? Ilis bill does not inform us. The ground stated orally to the court might be entirely insufficient. Great injustice might be done to the…

2Cases cited1 opinion

  1. Smull v. JonesSupreme Court of Pennsylvania · 1843

3Cited by13 opinions

  1. Commonwealth v. GarrisonSupreme Court of Pennsylvania · 1978
  2. Commonwealth v. MarshallSupreme Court of Pennsylvania · 1926
  3. Murray v. FrickSupreme Court of Pennsylvania · 1923
  4. Commonwealth v. BellSupreme Court of Pennsylvania · 1926
  5. Fisher v. RuchSuperior Court of Pennsylvania · 1900

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