Harris v. Mercur
Supreme Court of Pennsylvania
Appeal, No. 337, Jan. T., 1902, by defendant, from judgment of C. P. Bradford Co., May T., 1891, No. 610, dismissing exceptions to adjudication in case of Nathaniel C. Harris v. R. A. Mercur, Executor of Ulysses Mercur, Deceased. Assumpsit upon a contractin writing. Before Fanning, P. J., without a jury.
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Appeal, No. 337, Jan. T., 1902, by defendant, from judgment of C. P. Bradford Co., May T., 1891, No. 610, dismissing exceptions to adjudication in case of Nathaniel C. Harris v. R. A. Mercur, Executor of Ulysses Mercur, Deceased. Assumpsit upon a contractin writing. Before Fanning, P. J., without a jury. The contract upon which suit was brought was as follows : “ Memorandum of agreement, made March 4, 1880, between N. C. Harris of the first part, Ulysses Mercur of the second part, and H. W. Patrick of the third part. Whereas, on or about the day of December, 1879, J. H. Webb, as trustee for…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
By the written agreement of March 4, 1880, it was declared that Harris held the one fourth of the claims in trust for Mercur, one fourth in trust for Patrick and one half for himself. It was provided in the agreement that neither Mercur nor Patrick should in any event be liable for any costs or expenses further than that they “ shall each pay the one fourth of the legal expenses necessarily incurred in prosecuting such suit or suits as may be deemed advisable to institute.” Pursuant to this agreement, in October, 1880, Harris for himself and the other parties…
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