Dentler v. Brown
Supreme Court of Pennsylvania
Writ of error to the Common Pleas of Lycoming. This was an action of covenant, in which, in the court below, the administrator of Wm. A. Carr was plaintiff, and William Brown was defendant.
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Writ of error to the Common Pleas of Lycoming. This was an action of covenant, in which, in the court below, the administrator of Wm. A. Carr was plaintiff, and William Brown was defendant. It was brought to recover damages for the nonperformance of articles of agreement between the parties, of the 8th September, 1842, containing these provisions:— “ The said William A. Carr doth hereby agree with the said William Brown, to sell to him one hundred and forty acres of the south end of the tract of land on which he now lives, and adjoining lands of Solomon Shopbell on the south, Samuel S.…
1Opinion of the Court
The opinion of this court was delivered by
Bell, J.
It is not to be disputed that the principal consideration of the proposed conveyance from Carr to Brown was the covenant of the latter to apply the several instalments of purchase-money as they respectively fell due, in discharge and satisfaction of the mortgage executed by Carr to Margaret Shippen, of the judgment recovered by Morrison & Co., and of the book account held by Brown against Carr. But it is also apparent that, at the time of the execution of the article of agreement of September 1842, both parties contemplated the mortgagee would…
2Cases cited2 opinions
- M'Ginnis v. NobleSupreme Court of Pennsylvania · 1844
- Harper v. JeffriesSupreme Court of Pennsylvania · 1839