Claybaugh v. Goodchild

Citations

• 135 Pa. 421
• 19 A. 1015
• 1890 Pa. LEXIS 1197

Syllabus

<p>1. On the sale, by a written contract, of a newspaper, including “the good-will, subscription list, and subscription accounts,” but with a reservation of the book accounts, possession to be delivered at a future date, the purchaser is entitled to the money collected on subscriptions, between the date of the contract and date of delivery of possession under it.</p> <p>2. Where the defence is made, that the right of the seller to retain his interest in the subscription list till delivery was omitted from the contract by mutual mistake, it was not error to charge that that fact must be made to appear “ clearly and satisfactorily, by clear, full and definite testimony to the satisfaction of the jury.”</p>