Palmer v. Gillespie
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county : Of October and November Term 1880, No. 140. Debt by John J. Gillespie against Robert H. Palmer, to recover one-quarter’s rent due upon a lease.
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Error to the Court of Common Pleas, No. 1, of Allegheny county : Of October and November Term 1880, No. 140. Debt by John J. Gillespie against Robert H. Palmer, to recover one-quarter’s rent due upon a lease. The defendant admitted that he was indebted to the plaintiff in the sum of $750 for one-quarter’s rent, but claimed to have a set off to the whole claim by reason of the following facts: That in January 1865, Gillespie was raising a fund to purchase certain oil land, and proposed to defendant to take a part therein. Gillespie was to take the title to the land in his own name and hold it…
1Opinion of the CourtJustice Mercur
This contention relates to the allowance of a set-off claimed by the plaintiff in error. His right thereto is alleged to have arisen on this statement of facts: A purchase of oil lands was contemplated, in which both these parties and some others should be interested. The purchase was to be made in the name of the defendant in error; but in fact for the benefit of all who contributed towards the purchase-money, according to the amount subscribed by each respectively. The plaintiff in error testified that for this purpose he put $750 into the hands of the defendant in error; but the latter did…
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