Smith v. Starr
Supreme Court of Pennsylvania
An action was brought in this Court, to July Term, 1836,, by Jacob R. Smith and wife against James Starr, to recover damages for the non-performance, by the defendant, of an agreement to purchase a certain brick messuage and lot of ground, situate on the north side of Callowhill street, between Front and Second streets, in the city of Philadelphia.
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An action was brought in this Court, to July Term, 1836,, by Jacob R. Smith and wife against James Starr, to recover damages for the non-performance, by the defendant, of an agreement to purchase a certain brick messuage and lot of ground, situate on the north side of Callowhill street, between Front and Second streets, in the city of Philadelphia. By agreement of the counsel, a case was stated for the opinion of the Court, to be considered as a special verdict, as follows: “Rebecca Shoemaker of the City of Philadelphia, widow, being seised in her demesne as of fee, of and in the said…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This action is brought to recover damages, for the non-performance of an agreement to purchase a certain messuage and lot of ground, &c. The question is, whether the title to the messuage and lot of ground is vested in the plaintiff in fee. The facts of the case are contained in a case stated, in the nature of a special verdict. The doubt arises on the conveyance of William Rawle and Mrs. Clifford, to Margaret Wharton. The plaintiff’s counsel contend, 1st. That the conveyance may *65be considered, as an execution of the power given by the will…
2Cases cited3 opinions
- Burr v. SimSupreme Court of Pennsylvania · 1836
- Hamersley v. SmithSupreme Court of Pennsylvania · 1839
- Wallace v. CostonSupreme Court of Pennsylvania · 1839
3Cited by8 opinions
- Mulvane v. RudeIndiana Supreme Court · 1896
- Dodson v. BallSupreme Court of Pennsylvania · 1869
- Willing v. PetersSupreme Court of Pennsylvania · 1847
- Evans's AppealSupreme Court of Pennsylvania · 1870
- Hannah v. SwarnerSupreme Court of Pennsylvania · 1842
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