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 The Supreme Court of Pennsylvania.

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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

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.