37 Pa. 228 | Pa. | 1860
The opinion of the court was delivered, by
— The written agreement between the parties, and for a breach of which this action was instituted, was not produced at the trial, but a copy or supposed copy was offered, and admitted by the court. The admission of this evidence is assigned for error.
It is a rule of evidence, too ancient and too well understood to
We are all of opinion that the demand was the subject of foreign attachment. It was capable of being reduced to certainty by a definite standard, and this is all that is required, 3 W. C. C. R. 560, for id certum est quod certum reddi potest. Clearly the amount, after payment of the execution of Coit v. N. & E. Connelly, and the judgment of the defendants, out of the goods, they being chargeable with them as if sold to them, would be what the plaintiff would be entitled to. These sums were ascertained and fixed; and the value of the goods over and above their amounts, with interest from the conversion of the goods, would define the interest of the plaintiff in them. This he could recover, but nothing more in this attachment. He could recover nothing by way of damages for loss of the advantages of the arrangement. And this was what we understand the learned judge to have charged. But we are reluctantly obliged to reverse the judg ment on the first exception of the plaintiff in error.
Judgment reversed, and a venire de novo awarded.