The Supreme Court of Pennsylvania.
87
when he applies it to the sale of an unfinished the moulding of our judicial structure in his article, he utterly forgets his premises, and hands from 1827 to 1852, so far as this bears assumes that a failure by the seller to com upon his performance of that high duty, it plete the work would excuse the purchaser may be well to consider these specimens of from accepting. And as the right to refuse his work. Yet such is the effect of bril for defective completion is a sure proof that liancy and point and epigram, that beyond title had not passed, he assumes he has all question he stands with the great majority proved that it did not, and that the contract as the one man that like Saul is higher from is thereby proved to be executory by asserting that the purchaser
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the shoulders and upward than all his fellows; and the few
of a specific article
that appreciated his
may reject it because
defects (and there of a failure to complete
have been such among
the article. This is
those competent to
not merely, begging
judge) dare only whis
the question, but as
per these opinions, or
suming the absurdity
are charged with envy
that an owner may de
and jealousy for ex
dine to accept a thing
pressing them.
that belongs to him
because of misconduct
Jeremiah S. Black
by the seller after title
succeeded Chief-Jus
had passed. It is not
tice Gibson. He was
the less striking that
elected Dec. 1, 1851.
he asserts that a con
He may be said to
tract to deliver specific
have begun the pres
hides vvheVi tanned at
ent era, though he
twenty cents per pound
himself seems already
is a contract to sell at
to be well across the
the market price, and
frontier of the past.
notataprice definitely
Of him and of Chieffixed. It may be need
Justice
Sharswood,
less to say, if all that he
much
might
be told
JAMES T. MITCHELL
says is true, the judg
here; but accounts of
ment was wrong; for
them both, with por
the court below had said the omission to de
traits, have appeared in earlier numbers of
liver possession made the transaction a these pages. One remark of Black's must be
fraud per se. If this were so, all that he set down. Being questioned as to his esti
said was useless. If the evidence proved mate of the veracity of a certain very promi
the facts he assumes they do, it was not nent railroad promoter, he said, " If he took
passed upon by the proper tribunal.
an oath he was a liar, I might believe him."
An amusing eccentricity of Judge SharsIf the object is to publish a eulogy on the wood's should also be noticed. When the
very eminent man who was the last of our sky was clear, and no chance of rain, he
legitimate Chief-Justices (for I think selec
would go to tea at a friend's house with
tion and not chance is essential to legitimacy a luxuriant wig of brown curls; but in
here), all that has been here written should stormy seasons he wore a tough, grizzled
"suppressed. If it is the desire to know head-piece, suited to brave the inclemency
something of the character of one who had of the elements.