Pallman v. Smith

Citations

• 135 Pa. 188
• 19 A. 891
• 1890 Pa. LEXIS 1169

Syllabus

<p>1. In an action to recover upon a contract to cut and deliver all the logs upon a tract of land, the seller cannot recover unless it is found from the evidence that he has substantially complied with his contract, by cutting and delivering all the logs upon the tract of the kind specified.</p> <p>2. But the leaving back of a few of the logs, which were so covered with brush and snow that they could not be found and got out by reasonable care and diligence, would not be such a failure of substantial performance as would defeat the plaintiff’s right to recover for the timber delivered.</p> <p>3. In ascertaining the quantity of timber cut and delivered, it was not error to admit in. evidence an account of the measurements entered by the plaintiff at the time they were made on boards prepared for the purpose, iu connection with the plaintiff’s testimony showing how the measures were taken and how they were so entered.</p> <p>4. Nor was il error to refuse offers by the defendant to prove the amount of bark that was peeled from the timber cut and sold, or the amount oí unpeeled logs on the tract, as evidencie tending to show the amount oí the timber cut and delivered to the defendant under the contract.</p>