Legal Opinion

Burk v. Huber

Supreme Court of Pennsylvania

Decided May 15, 1834PublishedCited by 6 opinions

ERROR to the district court of Lancaster county. Peter Burk against John Huber’s administrator. The plaintiff in this case brought an action of covenant against the defendant for the breach of contract contained in certain articles of agreement between them, made the 26th of February 1817, by which, in consideration of the sum of 5500 dollars, he sold, and was to give the defendant, his heirs, &c. a good title, on the 1st day of April next ensuing, with peaceable possession,…

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ERROR to the district court of Lancaster county. Peter Burk against John Huber’s administrator. The plaintiff in this case brought an action of covenant against the defendant for the breach of contract contained in certain articles of agreement between them, made the 26th of February 1817, by which, in consideration of the sum of 5500 dollars, he sold, and was to give the defendant, his heirs, &c. a good title, on the 1st day of April next ensuing, with peaceable possession, for ten acres of land in the town of Millersburg, whereon are a tavern and other buildings, &c.; and the defendant was…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

The point presented by the demurrer is an easy one. In the declaration, the plaintiff founds his title to recover on actual performance of his own covenant as a condition precedent, and in the replication he founds it on matter to excuse performance ; so that a finer example of departure in pleading could not be given. The vice is in the count which sets forth the case untruly; and in that predicament, no movement in a subsequent stage of the pleadings, but an amendment of the count, itself, can retrieve the original fault. In availing…

2Cases cited12 opinions

  1. Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810
  2. Woods v. YoungSupreme Court of the United States · 1808
  3. Burd v. Lessee of DansdaleSupreme Court of Pennsylvania · 1809
  4. Young v. Commonwealth ex rel. BoalsSupreme Court of Pennsylvania · 1813
  5. Glazer v. LowrieSupreme Court of Pennsylvania · 1822

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3Cited by6 opinions

  1. Wharton v. School Directors of Cass TownshipSupreme Court of Pennsylvania · 1862
  2. Ormsby v. IhmsenSupreme Court of Pennsylvania · 1859
  3. Caldwell v. RemingtonSupreme Court of Pennsylvania · 1837
  4. Mitchell v. WelchSupreme Court of Pennsylvania · 1851
  5. Bogart v. M'DonaldNew York Supreme Court · 1801

1 more not listed; retrieve them via the Exa API.

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