Barry v. White
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Venango county: No. 4, to October and November Term 1868. This was an action of assumpsit, at the suit of W. L. White against A. W. Barry, commenced July 12th 1866, upon the following instrument of writing :— “ This is to certify that I will pay W. L. White $250 for town lot No. 144, on Seneca street, on or before June 1866. If I should sell said lot before that time for more than $250, said White is to have the benefit of it.
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Error to the Court of Common Pleas of Venango county: No. 4, to October and November Term 1868. This was an action of assumpsit, at the suit of W. L. White against A. W. Barry, commenced July 12th 1866, upon the following instrument of writing :— “ This is to certify that I will pay W. L. White $250 for town lot No. 144, on Seneca street, on or before June 1866. If I should sell said lot before that time for more than $250, said White is to have the benefit of it. “ A. W. Barry. “Pithole City, Pa., Oct. 31st 1865.” The execution of the instrument was admitted; there was no other evidence in…
1Opinion of the Court
*174The opinion of the court was delivered, October 29th 1868, by
Thompson, C. J.
The following was the instrument upon which the plaintiff’s claim is founded, and a copy of which was filed under the rule of court as a copy of claim:—
“ This is to certify that I will pay W. L. White $250 for town lot No. 144, on Seneca street, on or before June 1866. If I should sell said lot before that time for more than $250, said White is to have the benefit of it.
(Signed) “A. W. Barry.”
The execution of the instrument was admitted, and it was read without objection. There was no testimony explanatory of it given…
2Cases cited1 opinion
- Siltzell v. MichaelSupreme Court of Pennsylvania · 1842