Horton v. Harbridge

Citations

• 127 Pa. 11
• 17 A. 675
• 1889 Pa. LEXIS 1072

Syllabus

<p>(«) Plaintiff made a contract with defendants to cut and skid timber at a certain price per thousand feet, the logs to be measured by Scribner’s Rule. When the logs were cut aud skidded, they were measured by the parties, the contract price paid and a receipt in full given. After some of the logs had been sawed, plaintiff, alleging a mistake against him in tire measurement upon which he had settled, remeasured the unsawed logs and brought suit for the difference in the whole.</p> <p>1. In such case, the mistake in the first measurement being shown, that measurement and the settlement thereon would not bar recovery in this action, and if was not error to charge the jury that if the plaintiff was to have the benefit of the mill measurement of the logs that had been sawed, he should be bound by that measurement of the logs unsawed and remeasured by him.</p>