Pearsoll v. Chapin
Supreme Court of Pennsylvania
Error to the Common Pleas of Elk county. This was an action on the case brought March 11th 1859, by J. C. Chapin against Alfred Pearsoll, to recover back the consideration-money paid by the plaintiff to the defendant, for a tract of land sold by articles of agreement, dated February 8d 1857, and conveyed by deed, dated December 13th 1858. The declaration was special, setting forth the agreement under seal of February 8d 1857, that at that time Pearsoll alleged, as an…
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Error to the Common Pleas of Elk county. This was an action on the case brought March 11th 1859, by J. C. Chapin against Alfred Pearsoll, to recover back the consideration-money paid by the plaintiff to the defendant, for a tract of land sold by articles of agreement, dated February 8d 1857, and conveyed by deed, dated December 13th 1858. The declaration was special, setting forth the agreement under seal of February 8d 1857, that at that time Pearsoll alleged, as an inducement for the purchase by Chapin, that there were at least forty acres of good pine timber on the land, and then averred…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
The plaintiff below purchased from the defendant a tract of land by a written contract, which was after-wards consummated by payment arid conveyance, and the plaintiff alleges that, at the time of the contract, the defendant agreed orally that if the plaintiff’ did not find the land answering to certain representations, relative to the kind and quantity of timber on it, the defendant would take it back, and refund the price. The plaintiff sued on this agreement, but as it was made during the existence of the Act of 22d April 1856, making…
2Cases cited16 opinions
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Whitney v. AllaireNew York Supreme Court · 1847
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Burton v. StewartNew York Supreme Court · 1829
- Dill v. CampSupreme Court of Alabama · 1853
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3Cited by22 opinions
- Zeitlin v. ArneberghCalifornia Supreme Court · 1963
- Kepler v. KeplerSupreme Court of Pennsylvania · 1938
- Capps v. HensleySupreme Court of Oklahoma · 1909
- Allegany Gas Co. v. KempSupreme Court of Pennsylvania · 1934
- Lyle v. ShaySupreme Court of Pennsylvania · 1895
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