Fee v. Emporium Lumber Co.

Citations

• 50 Pa. Super. 557
• 1912 Pa. Super. LEXIS 95

Syllabus

<p>Contracts — Construction—Course of dealing — Acfs of parties — Ambiguous terms — Abrogation.</p> <p>1. In the ease of an executory contract the practical interpretation of it by the parties is entitled to great if not controlling influence in its construction by the courts; but it would be an unwarrantable expansion of this principle to imply from acts of the parties an irrevocable abrogation or alteration of an unambiguous term in a contract unless those acts clearly show that the parties intended such irrevocable abrogation or alteration, or they furnish ground for equitable estoppel.</p> <p>Contract — Sale—Delivery—Passing of title — Marking logs.</p> <p>2. As between seller and buyer there may be such delivery as will vest the property in the latter though by the terms of the contract there may be something to be done afterwards to ascertain the exact quantity to be paid for at the price fixed by the contract.</p> <p>3. The actual delivery to the vendee or his agent which puts an end to the transitas or state of passage may be at the vendee’s own warehouse, or at a place which he uses as his own though belonging to another, for the deposit of goods, .or at a place where he means the goods to remain until a fresh destination is communicated to them by orders from himself.</p> <p>4. Where goods are sold and delivered to be paid for on the happening of a certain event, the vendor will not be deprived of his right to recover merely because the event on which payment is to be made has, by accident, become impossible. Upon the same principle when the quantity is to be ascertained by measurement at a particular time or place, or in a particular manner, if such measurement becomes impossible, nevertheless the quantity may be ascertained in some other manner.</p> <p>5. In an action to recover for logs alleged to have been sold and delivered it appeared that there was a written agreement by which the plaintiffs agreed to sell to the defendant, and the latter agreed to