Smaltz v. J. B. Hancock & Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON FLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 422 January Term 1887, Sup. Ct.; court below, No. 290 December Term 1876, C. P. No. 4. On December 2, 1876, Joseph B. Hancock and Miles King, trading as J. B. Hancock & Co., brought assumpsit against Samuel T. Smaltz, declaring: That, before the making of the promise and undertaking of the defendant hereinafter mentioned, a certain action was about to be instituted by the plaintiffs against the defendant,…
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ERROR TO THE COURT OF COMMON FLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 422 January Term 1887, Sup. Ct.; court below, No. 290 December Term 1876, C. P. No. 4. On December 2, 1876, Joseph B. Hancock and Miles King, trading as J. B. Hancock & Co., brought assumpsit against Samuel T. Smaltz, declaring: That, before the making of the promise and undertaking of the defendant hereinafter mentioned, a certain action was about to be instituted by the plaintiffs against the defendant, that he keep with them a certain covenant whereby the defendant became responsible for the faithful performance of…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
The verdict rendered in this case on May 17, 1880, was not only vague and uncertain, but appears to have been impossible of execution. The house which the plaintiffs were to reconvey as a condition of their having judgment for $700 did not belong to them, and they allege never did belong to them. A deed therefor had been made to them by one Joseph M. Price under the agreement between the plaintiffs and said Price, of July 5, 1872. This house, however, was not the house that contract called for, and when the plaintiffs discovered this they declined to accept the…
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