Stump & Gunkle v. Hutchinson
11 Pa. 533
Opinion
The contract laid was absolute: the contract proved was conditional. The promise laid was to deliver in good order: the promise proved was to deliver in good order, “ the dangers of the river and fire excepted.” There was therefore a substantial variance : and all the cases prove that the exception must be stated.
Judgment affirmed.
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Stump & Gunkle v. Hutchinson, 11 Pa. 533 (Pa. 1849).
11 Pa. 533 (Stump & Gunkle v. Hutchinson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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133 N.W. 303 (North Dakota Supreme Court, 1911)