McLaughlin v. Hess

Supreme Court of Pennsylvania
McLaughlin v. Hess, 164 Pa. 570 (Pa. 1894)
30 A. 491; 1894 Pa. LEXIS 1122
Dean, Fell, Green, McCollum, Mitchell, Sterrett, Williams

McLaughlin v. Hess

Opinion of the Court

Per Curiam,

We find no error in that part of the charge recited in the first specification. As to the second specification, it does not appear that the learned trial judge was requested to instruct the jury “ that if they found as a fact that the contract was entire and the breach of it was occasioned by the plaintiff himself,” he could not recover; and, if he had been so requested, it would have been his duty, in view of the testimony, to have refused the point. In any view that can be properly taken of the testimony in this case the contract in question was not entire, but severable : 2 Parsons, Cont. 517 (5th ed.) ; Rugg v. Moore, 110 Pa. 236, and cases there cited.

Judgment affirmed.

Reference

Full Case Name
F. T. McLaughlin v. Catharine Hess
Cited By
2 cases
Status
Published
Syllabus
Contract—Entire and severable—Evidence. Plaintiff and defendants entered into a contract whereby plaintiff, a dairyman, agreed to furnish all of his milk to defendants for a year at a certain price per gallon. No specific amount of milk was mentioned. Held, that the contract was severable, and that plaintiff could recover for milk furnished during a portion of the year, although he failed to comply with his contract during the rest of the year.