Hocking v. Hamilton

Citations

• 158 Pa. 107
• 27 A. 836
• 1893 Pa. LEXIS 1550

Syllabus

<p>Contract — Partnership—Agent—Ratification.</p> <p>A contract for the purchase of coal was signed by the senior member of a firm in his own name, to which he added a seal. The coal referred to in the contract was shipped to the firm and received by it. The manifests were made in the firm name, and the coal was paid for by firm checks. Held, that there was sufficient evidence to find that the firm had ratified the contract, and accepted its terms and conditions.</p> <p>Contract — Duty to furnish cars.</p> <p>Where a vendor of coal undertakes to sell and deliver coal free on board railroad cars at the tipple at a designated price, and the vendee covenants to receive it there and pay for it, the vendee is bound to furnish the cars, and if he fails to do so, and the vendor is thereby prevented from delivering the coal on cars, the vendee is liable in damages for nonperformance of his contract.</p> <p>Contract — Breach—When right of action accrues.</p> <p>If before the time for the performance of a contract has arrived, one party announces to the other that he does not intend to perform his promise, the latter may treat the contract as broken, and bring an action immediately against the former for the breach.. It Is not necessary that he should postpone his suit until time for performance has arrived.</p>