Pursel v. Ellis
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lycoming county. This action was brought by Thomas Ellis, Esq., against Robert Pursel, for the recovery of a sum of money which the plaintiff alleged he paid, laid out, and expended for the defendant at his request, under the following circumstances.
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ERROR to the Common Pleas of Lycoming county. This action was brought by Thomas Ellis, Esq., against Robert Pursel, for the recovery of a sum of money which the plaintiff alleged he paid, laid out, and expended for the defendant at his request, under the following circumstances. In 1835, Abraham Bodine and Robert Pursel were desirous of purchasing a farm from Robert R. Shoemaker, and not being in possession of funds to pay the sum of f1000, which was required at the first payment, applied to the plaintiff, who it was supposed had the requisite money, to become a purchaser in conjunction with…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This is an action on the case on a count for money paid, laid out, and expended. By the agreements in evidence, it is stipulated that the vendees are to pay to the vendor $1000 in-hand, in the proportion of the value of the land which each took, according to an understanding between them, as their share of the purchase. The plaintiff alleges that he paid more than his proportion of the hand-money, and if this allegation be true, he is entitled to a contribution from the defendant in this form of action. Of the hand-money, the plaintiff, who…
2Cases cited3 opinions
- Cumming & Cumming v. Hackley & FisherNew York Supreme Court · 1811
- Witherby v. MannNew York Supreme Court · 1814
- Morrison v. BerkeySupreme Court of Pennsylvania · 1821
3Cited by1 opinion
- Seitzinger v. SteinbergerSupreme Court of Pennsylvania · 1849