Neal's Executors v. Gilmore
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lawrence county: Of October and November Term 1875, No. 143. This was an action of assumpsit, brought August 29th 1871, by-Elias Gilmore and Richard Gilmore, against Alexander Anderson and William Duff, executors, &c., of Martha Neal, deceased. The original declaration was in the common counts; additional special counts were afterwards filed.
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Error to the Court of Common Pleas of Lawrence county: Of October and November Term 1875, No. 143. This was an action of assumpsit, brought August 29th 1871, by-Elias Gilmore and Richard Gilmore, against Alexander Anderson and William Duff, executors, &c., of Martha Neal, deceased. The original declaration was in the common counts; additional special counts were afterwards filed. The first of the special counts set out: “That on the 1st day of January, A. d. 1846, a special contract was entered into by and between the plaintiffs of the one part and the said Martha Neal of the other part, by…
1Opinion of the CourtJustice Shakswood
This was an action instituted in the court below by the plaintiffs to recover- upon an alleged contract by Adam and Martha Neal in their lifetime, that if the plaintiffs would stay with them until they were respectively twenty-one years of age, Adam and Martha Neal would “ at their death give them all they had.”. Assuming, on the authority of Graham v. Graham’s Ex’rs, 10 Casey 475, that the measure of damages, in an action for the breach of such a contract, is the value of the services rendered, it was submitted to the jury to find a verdict for the value of such services, which they…
2Cases cited1 opinion
- Swires v. ParsonsSupreme Court of Pennsylvania · 1843
3Cited by8 opinions
- Enders v. EndersSupreme Court of Pennsylvania · 1894
- Witten v. StoutSupreme Court of Pennsylvania · 1925
- Estate of MillerPennsylvania Orphans' Court, Berks County · 1890
- Cramer v. McKinneySupreme Court of Pennsylvania · 1946
- Conkle v. Byers' Exr.Supreme Court of Pennsylvania · 1925
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