Frederick ex rel. Frederick v. Campbell
Supreme Court of Pennsylvania
IN ERROR. This was a writ of error to the Court of Common Pleas of Mifflin county, in which a verdict and judgment were had in favour of the defendants.
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IN ERROR. This was a writ of error to the Court of Common Pleas of Mifflin county, in which a verdict and judgment were had in favour of the defendants. It was an action of debt, brought by Nicholas Frederick, for the use of John Frederick, against Margaret Campbell and William Harris, administrators of John Campbell, deceased, on a bond given by the intestate, dated the 2d of Jlpril, 1812, conditioned for the payment of two hundred pounds, on the 1st of Jlpril, 1817. It was proved by the defendants, that this bond was given as part of the consideration, for a tract of land, which Nicholas…
1Opinion of the Court
The opinion of the court wal delivered by
Duncan, J.
Questions of the nature raised in this cause are very frequent. They depend each one on its own circumstances, and admit of no general rule for the government of all cases. As this case finally rested on the articles of agreement and conveyance, independent of, and without relation to the parol evidence, and as, in this view, it was an unmixed question of law, — was the construction of the court, as to the deduction for the deficiency of the quantity on actual measurement, the just construction in law?
The contract was executed by, the…
2Cases cited2 opinions
- Steinhauer v. WitmanSupreme Court of Pennsylvania · 1815
- Large v. PennSupreme Court of Pennsylvania · 1821
3Cited by4 opinions
- Galbraith v. GalbraithSupreme Court of Pennsylvania · 1837
- Philips v. ScottSupreme Court of Pennsylvania · 1834
- Drinker v. ByersSupreme Court of Pennsylvania · 1831
- Morrison v. MorrisonSupreme Court of Pennsylvania · 1843