Sheperd v. Jones
Supreme Court of Pennsylvania
ERROR to the district court of Allegheny county. John Jones against John Sheperd. This was an action of covenant. It appeared that Jones had purchased a certain lot in Pitts-burg from Alexander Laughlin, and before he had completed his title by the payment of the whole purchase-money, he entered into the following agreement with the defendant John Sheperd, upon which this suit is brought:— “Articles of agreement made the 8th day of April 1836, by and between John Jones of…
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ERROR to the district court of Allegheny county. John Jones against John Sheperd. This was an action of covenant. It appeared that Jones had purchased a certain lot in Pitts-burg from Alexander Laughlin, and before he had completed his title by the payment of the whole purchase-money, he entered into the following agreement with the defendant John Sheperd, upon which this suit is brought:— “Articles of agreement made the 8th day of April 1836, by and between John Jones of Bayardstown, bricklayer, and John Sheperd, of Pittsburg, saddler: Witnesseth that the said John Jones hath this day sold…
1Opinion of the Court
The" opinion of the Court was delivered by
Rogers, J.
There is too much reason to believe that the memorandum of the 2Sth of April, is the result of a concerted plan to alter the original agreement. There is something very extraordinary, to say the least of it, in the conduct of Glass. According to his own statement, he was called on by the parties, merely to make a memorandum of the bargain relative to the delivery of the possession. This he converts into a distinct contract between the parties; and without any instruction from either of them, introduces a stipulation totally at war with the…
2Cases cited1 opinion
- Auwerter v. MathiotSupreme Court of Pennsylvania · 1823
3Cited by1 opinion
- Baldy v. BradySupreme Court of Pennsylvania · 1850