Gill v. Johnstown Lumber Co.
Supreme Court of Pennsylvania
25 A. 120 (1892)
John L. Gill (plaintiff) entered into a contract with Johnstown Lumber Company (JLC) (defendant) to drive four million miles 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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.