M'Cormick v. Crall
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. This was an action of covenant brought by Hugh. M’Cormick, the plaintiff in error and plaintiff below, against Christian Crall, administrator of Mathias Crall, deceased, to recover a balance of purchase money alleged to be due on certain articles of agreement between the plaintiff and intestate, made on the 6th of December 1809, on the sale of a tract of land.
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ERROR to the common pleas of Cumberland county. This was an action of covenant brought by Hugh. M’Cormick, the plaintiff in error and plaintiff below, against Christian Crall, administrator of Mathias Crall, deceased, to recover a balance of purchase money alleged to be due on certain articles of agreement between the plaintiff and intestate, made on the 6th of December 1809, on the sale of a tract of land. It appeared in evidence that tfie plaintiff was the owner of a tract of land situate partly in Cumberland and partly in York county, containing one hundred and sixty-nine acres, which had…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The first hill of exception is to the admission by the court below of proof of the tender of 1905 dollars, by the de*210fendant to the plaintiff, in August 1831. The objection is, that there was no plea of tender, or payment of the money into court. There was, however, the plea of covenants performed and issue thereon, and under this plea any evidence was admissible that went to show that the defendant had offered to pay the purchase money, and thus to relieve himself from the payment of interest. It was not strictly a tender; for in every…
2Cases cited3 opinions
- Jordan v. CooperSupreme Court of Pennsylvania · 1817
- Snyder ex rel. Etter v. WolfleySupreme Court of Pennsylvania · 1822
- Fasholt v. ReedSupreme Court of Pennsylvania · 1827
3Cited by2 opinions
- Jourolmon v. EwingCourt of Appeals for the Sixth Circuit · 1897
- Kreider v. BrubakerSupreme Court of Pennsylvania · 1952