Lippincott v. Low
Supreme Court of Pennsylvania
March 30th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Lycoming county: Of January Term 1871, No. 311. Ejectment by James Low against Edward Lippincott for an undivided half of three tracts of land; the writ issued July 9th 1868; the defendant’s interest in the land was afterwards sold at sheriff’s sale, and the purchasers, Henry C. Patterson and William H. Lippincott, were on their…
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March 30th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Lycoming county: Of January Term 1871, No. 311. Ejectment by James Low against Edward Lippincott for an undivided half of three tracts of land; the writ issued July 9th 1868; the defendant’s interest in the land was afterwards sold at sheriff’s sale, and the purchasers, Henry C. Patterson and William H. Lippincott, were on their application made defendants. The plaintiff and Edward Lippincott, on and previously to the loth of June 1866, were partners in…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
Whether covenants in an agreement are dependent or independent's a question to be determined by the intention of the parties as it appears on the instrument: Addison on Contracts 865, Ingersoll’s ed. If they are independent, they are to be treated in all respects as though they had been written on separate pieces of paper. Thus, a contract for the purchase and sale of a large plat of ground, consisting of several different lots or tracts, may make the purchase and sale of each tract a separate and distinct contract, though in the same…
2Cases cited2 opinions
- Stoddart v. SmithSupreme Court of Pennsylvania · 1812
- Barclay v. TracySupreme Court of Pennsylvania · 1842
3Cited by2 opinions
- Johnson v. JacksonDistrict Court, E.D. Pennsylvania · 1949
- Shimp v. GraySuperior Court of Pennsylvania · 1910