Algeo v. Algeo
Supreme Court of Pennsylvania
This case was tried at a special court held for Allegheny county, by Baird, President, and a verdict and judgment having been rendered for the plaintiff below, the proceedings were removed by writ of error. The plaintiff below, William Algeo, declared against Thomas Algeo, the defendant below and plaintiff in error, in assumpsit for work and labour, goods sold, and the common money counts. Plea non assumpsit.
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This case was tried at a special court held for Allegheny county, by Baird, President, and a verdict and judgment having been rendered for the plaintiff below, the proceedings were removed by writ of error. The plaintiff below, William Algeo, declared against Thomas Algeo, the defendant below and plaintiff in error, in assumpsit for work and labour, goods sold, and the common money counts. Plea non assumpsit. On the trial, the plaintiff offered in evidence a written agreement not under seal, dated the 1st April, 1819, between Thomas and Gregg Algeo, of the one part, and the plaintiff of the…
1Opinion of the Court
The opinion of the Court, (Tilghman, C. J. being absent,) was delivered by,
Gibson J.
The English decisions on this subject are irreconeileable; but a rule has been extracted from them, which is more consonant to the general principles of the action than the opposite doctrine) to wit, that where there is an express agreement, the complete execution of which has been prevented by the defendant, the plaintiff must declare specially on the agreement, and not on the implied promise for work and labour done. 2 Chitty’s Pleadings, 340. Here the plaintiff below claimed to recover for the whole time…
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