Vicary v. Moore
Supreme Court of Pennsylvania
ERROR to the common pleas of Beaver county. This was an action of covenant by John Moore, the defendant in error, against William Vicary.
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ERROR to the common pleas of Beaver county. This was an action of covenant by John Moore, the defendant in error, against William Vicary. The declaration set forth, that on the 3d of March 1826, by articles of agreement then executed between the parties, Moore agreed to erect for Vicary a stone dwellinghouse fifty-two feet in length, thirty-eight or forty feet in width, and twenty-three feet high, the two stories, with a cellar under the whole house eight feet high ; the walls and outside of the house to be finished as Mr O’Byrne’s storehouse ; the carpenter work to be done after the manner…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
An action of covenant lies on a specialty exclusively ; and not on a specialty modified or enlarged by simple contract. To the universality of this rule, Jordan v. Cooper is an undoubted exception; but the supposition that it has driven the rule from our courts is an erroneous one. There it was determined that the acceptance of a deed after the appointed day of delivery, might be pleaded as equivalent to performance at the day, to entitle the vendor to a specific execution of the contract; but the remedy was not viewed, as to any thing but…
2Cases cited2 opinions
- Briggs v. TillotsonNew York Supreme Court · 1811
- Gogel v. JacobySupreme Court of Pennsylvania · 1819
3Cited by23 opinions
- Emerson v. SlaterSupreme Court of the United States · 1860
- Stees v. LeonardSupreme Court of Minnesota · 1874
- Stucker v. ShumakerSupreme Court of Pennsylvania · 1927
- Ake & Feay's AppealSupreme Court of Pennsylvania · 1873
- Malone v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1893
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