Lucesco Oil Co. v. Brewer

Citations

• 66 Pa. 351
• 1871 Pa. LEXIS 41

Syllabus

<p>1. If the part of a contract to be performed by one party consists of several distinct items and the price to be paid by the other is apportioned to each item or is left to be implied by law, ordinarily it is a severable contract.</p> <p>2. If the consideration is single and entire, the contract is entire, although it may consist of several distinct and independent items.</p> <p>3. The consideration to be paid, not the thing to be performed determines the class to which the contract belongs.</p> <p>4. The contract in this case was held to be severable.</p>