Carmony v. Hoober
Supreme Court of Pennsylvania
In error from the Common Pleas of Clearfield, May 27. This was an action of covenant, in which the plaintiff ■declared as administrator of John Carmony, setting forth articles of agreement between his intestate and the defendant, whereby the 'latter purchased certain land of the former, and agreed to pay $200 in cash, and $944 on a day fixed; and it was further provided, that on payment of the sum of $1144, the vendor agreed to make out and duly execute a sufficient deed to…
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In error from the Common Pleas of Clearfield, May 27. This was an action of covenant, in which the plaintiff ■declared as administrator of John Carmony, setting forth articles of agreement between his intestate and the defendant, whereby the 'latter purchased certain land of the former, and agreed to pay $200 in cash, and $944 on a day fixed; and it was further provided, that on payment of the sum of $1144, the vendor agreed to make out and duly execute a sufficient deed to the vendee in fee-simple. The declaration then averred that the plaintiff and his intestate had fully performed all…
1Opinion of the CourtBell, J.
Though the pleadings in this case are very defective in form and substance, and stop short of the issue the parties intended to present as the principal one, the reoord sufficiently shows that the sole question agitated in the court below, was, whether the verdict and judgment rendered against the plaintiff in the action brought by him against the defendant, to November Term, 1840, and pleaded in bar in the present suit, estops the plaintiff for ever of his action for the alleged breach of the covenants which give rise to this litigation. The court below being of opinion that such was its…
2Cases cited9 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Young v. BlackSupreme Court of the United States · 1813
- Snider v. CroyNew York Supreme Court · 1807
- Phillips v. BericicNew York Supreme Court · 1819
- Kane v. FisherSupreme Court of Pennsylvania · 1834
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pittsburg Construction Co. v. West Side Belt RailroadSupreme Court of Pennsylvania · 1909
- Scharf v. Richard De Cou Co.Supreme Court of Pennsylvania · 1936
- Kapp v. ShieldsSuperior Court of Pennsylvania · 1901
- Weaverling v. SmithSuperior Court of Pennsylvania · 1956
- Birch v. Andrew's Mill Co.Superior Court of Pennsylvania · 1912