Legal Opinion

Frederick v. Campbell

Supreme Court of Pennsylvania

Decided June 28, 1826PublishedCited by 2 opinions

IN ERROR. brought this action of debt in the Court of Common Pleas of Mifflin county, against John Campbell, the defendant in error, upon a bond given by the ‘latter to the former, dated the 2d of April, 1812, conditioned- for the payment of two hundred pounds on the l’st of April, 1817, The consideration of this bond was part of the purchase monéy of a tract of land, which Frederick, by an article of agreement, bearing date the 28th of November, 1811, had contracted to sell…

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IN ERROR. brought this action of debt in the Court of Common Pleas of Mifflin county, against John Campbell, the defendant in error, upon a bond given by the ‘latter to the former, dated the 2d of April, 1812, conditioned- for the payment of two hundred pounds on the l’st of April, 1817, The consideration of this bond was part of the purchase monéy of a tract of land, which Frederick, by an article of agreement, bearing date the 28th of November, 1811, had contracted to sell to Campbell, for the sura of one thousand six hundred pounds, and which was stated in the article to contain two…

1Opinion of the Court

The opinion of the court was delivered by

GibsoN, J.

The plaintiff relies on two points, — that the court, erred in admitting evidence of what passed at the execution of the articles, and in their direction on the third point, proposed at the trial.

It is said that no antecedent proposition ought to have been admitted to vary or explain the conveyance which whs ihe final accomplishment of the intention of the, parties; and it cannot be denied that if the evidence had been offered for that purpose, it would have been incompetent. But the consideration of the bond on which suit is brought, is the…

2Cited by2 opinions

  1. Neil v. ThompsonSupreme Court of Pennsylvania · 1835
  2. Bollinger v. EckertSupreme Court of Pennsylvania · 1827

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