Berry v. M'Mullen
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of the county of Philadelphia. ■ Covenant, by the plaintiff, Peter L. Berry, against the defendant, Joseph M‘Mullen, to recover the sum of thirty dollars, being a half year’s ground rent, due the 18th of April, 1821, issuing out of a lot-of ground situate at the corner of Chesnut and Juniper Streets, in the city of Philadelphia.
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IN ERROR. Writ of error to the Court of Common Pleas of the county of Philadelphia. ■ Covenant, by the plaintiff, Peter L. Berry, against the defendant, Joseph M‘Mullen, to recover the sum of thirty dollars, being a half year’s ground rent, due the 18th of April, 1821, issuing out of a lot-of ground situate at the corner of Chesnut and Juniper Streets, in the city of Philadelphia. The evidence on both sides consisted of different conveyances of the lot and the ground rents issuing out of it, iogether with admissions by'the parties, of certain facts. On the 18th day of April, 1812, the lot on…
1Opinion of the CourtRogers, J.
The facts of this cause have been well stated by the president of Court of the Common Plea's. It will be sufficient to refer to some established principles which govern this case, and, in my judgment, it is divested of its chief difficnlty.
Covenant lies on privity of contract, and also on a privity of estate. An assignment does not relieve the covenantor from his personal liability, for he is responsible from privity of contract, but it discharges the assignee who assigns, for. he is liable from privity of estate, and is charged merely because he enjoys the income, if any? and has the…
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- Mather v. Ministers of Trinity ChurchSupreme Court of Pennsylvania · 1817
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- Duff v. BayardSupreme Court of Pennsylvania · 1842