Legal Opinion

Hopkins v. Mehaffy

Supreme Court of Pennsylvania

Decided May 24, 1824PublishedCited by 3 opinions

IN ERROR. This was a writ of error to the District Court for the city and county of Lancaster, in an action brought by Joseph Hopkins against John Mehaffy, upon the following sealed instrument: “ Articles of agreement, made and agreed upon this nineteenth day of October, A. D. one thousand eight hundred and thirteen, between the president, managers, and company of the Manchester turnpike road of the one part, and Joseph Hopkins, of the borough of Marietta, Lancaster county,…

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IN ERROR. This was a writ of error to the District Court for the city and county of Lancaster, in an action brought by Joseph Hopkins against John Mehaffy, upon the following sealed instrument: “ Articles of agreement, made and agreed upon this nineteenth day of October, A. D. one thousand eight hundred and thirteen, between the president, managers, and company of the Manchester turnpike road of the one part, and Joseph Hopkins, of the borough of Marietta, Lancaster county, and state of Pennsylvania, of the other part, witnesseth; that the said Joseph Hopkins, for and in consideration of the…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, J.

I cannot acquiesce in the law as laid down in some of the cases which have been cited. In general, it is true, that there is a distinction between contracts that are entered into on the part of government^ by its agents, and those which are entered into on the part of individuals or corporations, by those who represent them. In respect of the first it may safely be asserted, that whether the contract be by parol or by deed, the public faith is exclusively relied on, whenever the agent does not specially render himself liable. In respect of…

2Cases cited2 opinions

  1. Randall v. Van VechtenNew York Supreme Court · 1821
  2. Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808

3Cited by3 opinions

  1. Duncan, Sherman & Co. v. NilesIllinois Supreme Court · 1863
  2. Hall v. CockrellSupreme Court of Alabama · 1856
  3. Rutgers v. LucetNew York Supreme Court · 1800

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