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189 Pa. 502

Wentzel v. Barbin

Supreme Court of Pennsylvania

Decided January 3, 1899

Supreme Court of Pennsylvania · decided 1899-01-03

Appeal, No. 63, Oct. T., 1898, by defendant, from judgment of C. P. No. 1, Allegheny County, June T., 1896, No. 279, on verdict for plaintiff. Assumpsit for breach of contract.

Cited by 2 later decisions — most recently March 1999

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1899-01-03

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Per Curiam,

¶1When the defendant agreed to sell to the plaintiff “ all his right, title and good-will to the Oakland paper route, until now, controlled by the said R. M. Barbin,” he became bound in honor and in law to carry out his contract in good faith. He was certainly not at liberty, especially after receiving a large part of the purchase money, to filch away from the plaintiff the veritable substance of that which he had sold. It was not like the setting up of another business of the same kind, but it was the taking away of the very thing he had sold that was complained of by the plaintiff. There was no error in the admission of the proposed testimony nor in the ruling of the court in the general charge nor in the answers to points.

¶2Judgment affirmed.

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