Martin v. Schoenberger

8 Watts & Serg. 367 (1845)

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Martin v. Schoenberger

Pennsylvania Supreme Court
8 Watts & Serg. 367 (1845)

Facts

Reliance Transportation Company (Reliance), through Schoenberger (defendant), hired Jacob Martin (plaintiff) to transport goods. Schoenberger guaranteed Martin $3,000 in commissions, and Martin agreed not to transport goods for others destined for any place west of Hollidaysburg, Pennsylvania. When the commissions amounted to only $600, Martin sued Schoenberger, seeking to recover on the guaranty. However, evidence at trial showed that while Martin transported Reliance’s goods, he also transported goods for others, some of them destined for places west of Hollidaysburg. The trial court judge instructed the jury that if Martin transported others’ goods, then Martin could not recover on the guaranty because he had breached the parties’ agreement. The jury found in Schoenberger’s favor, and Martin appealed to the Pennsylvania Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Burnside, J.)

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