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Gill v. Johnstown Lumber Co.
Pennsylvania Supreme Court
25 A. 120 (1892)
John L. Gill (plaintiff) entered into a contract with Johnstown Lumber Company (JLC) (defendant) to drive four million feet of logs, of varying types, downstream to JLC’s boom. JLC agreed to pay one dollar per thousand feet of logs for oak logs, seventy-five cents per thousand feet for other logs, three cents each for cross-ties delivered to Bethel and five cents each for logs driven beyond Bethel. When a flood pushed most of the logs past the agreed delivery point, JLC claimed that Gill had defaulted and refused to remit payment for the logs. Gill sued JLC to collect payment. The trial court concluded that the contract was entire, i.e., that a single payment was to be made for the goods such that full performance was necessary before payment could be demanded. Relying on this conclusion, the trial court directed a verdict for JLC finding that Gill defaulted by failing to deliver all the logs, and therefore no payment was required by JLC. The trial court’s ruling was appealed.
Rule of Law
Holding and Reasoning (Heydrick, J.)
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