Hartje v. Collins
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of covenant, by Henry II. Collins against Augustus Hartje, Frederick Helm, Conrad Eichholz, John Helm, and Lewis Roess, late partners doing business as Augustus Hartje & Co. The plaintiff was, in October 1861, doing business in Pittsburgh and vicinity. The defendants had the control of a certain oil well at Oil Creek.
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Error to the District Court of Allegheny county. This was an action of covenant, by Henry II. Collins against Augustus Hartje, Frederick Helm, Conrad Eichholz, John Helm, and Lewis Roess, late partners doing business as Augustus Hartje & Co. The plaintiff was, in October 1861, doing business in Pittsburgh and vicinity. The defendants had the control of a certain oil well at Oil Creek. On the 26th of October 1861, the parties entered into the following agreement: — “ This agreement, made and entered into, &c., by and between Augustus Hartje & Co., of the city of Allegheny, state of…
1Opinion of the Court
The opinion of the court -was delivered by
Thompson, J.
The material question in this case is, as to the meaning of the words “to advance freight” on oil to be delivered by the defendants below. Did they import that the advance was to be made before the oil was to be conveyed from *273the wells, or after ? The contract was in writing, under seal, and the covenant, on part of the defendants, was to deliver two thousand barrels of crude carbon oil to the plaintiff, at the mouth of Saw-mill Run, on the Ohio river, between the 15th November 1861 and the 1st of January 1862, for which the plaintiff was…
2Cited by2 opinions
- Kissick v. BoltonSupreme Court of Iowa · 1907
- Meacham v. GardnerSuperior Court of Pennsylvania · 1905