Wheeling, Pittsburgh & Baltimore R. R. v. Gourley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Washington county: Of October and November Term 1880, No. 141. Equitable ejectment, brought December 28th 1878 by John Gourley and Mary Jane his wife in her right, against the Wheeling, Pittsburgh and Baltimore B. B. Company to enforce payment of the consideration money and damages for a strip of land thirty-three feet wide, occupied by the railroad of the defendant company. Plea, the general issue.
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Error to the Court of Common Pleas of Washington county: Of October and November Term 1880, No. 141. Equitable ejectment, brought December 28th 1878 by John Gourley and Mary Jane his wife in her right, against the Wheeling, Pittsburgh and Baltimore B. B. Company to enforce payment of the consideration money and damages for a strip of land thirty-three feet wide, occupied by the railroad of the defendant company. Plea, the general issue. On the trial, before Hart, P. J., the following facts appeared : — The plaintiff, Mary Jane Gourley, claimed as devisee of John Marshall, deceased. Prior to…
1Opinion of the CourtJustice Gordon
We cannot agree with the court below in its construction of the contract of September 28th 1860, between Johu Marshall, the devisor of Mrs. Gourley, and the liempfield liailroad Company. The learned judge thought the printed parts of this instrument were inconsistent with, or repugnant to, the written parts thereof, and, therefore, in accordance with the rule laid down in Parsons on Contracts, and other authorities, adopted the latter to the exclusion of the former.
We have no fault to find with the rule to which reference is made, but we think it has no application to the case in hand. We can…
2Cases cited3 opinions
- Brown v. MetzSupreme Court of Pennsylvania · 1836
- Creigh v. ShattoSupreme Court of Pennsylvania · 1845
- Richardson v. KuhnSupreme Court of Pennsylvania · 1837
3Cited by1 opinion
- Cohen v. WalworthCity of New York Municipal Court · 1916