Burns v. McCabe
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 46, to October and November Term 1872. This was an action of assumpsit brought to August Term 1867, by William P. McCabe against John Burns and Samuel Stevenson.
Read the full summary
Error to the District Court of Allegheny county: No. 46, to October and November Term 1872. This was an action of assumpsit brought to August Term 1867, by William P. McCabe against John Burns and Samuel Stevenson. The declaration was that the defendants represented to the plaintiff that they had entered into an agreement with Daniel Smith to purchase from him a piece of oil-land, of 8 acres, in Columbiana county, Ohio, for $26,000, and that they desired to form a company to pay for said land and complete said purchase, the terms of which were one-half cash and one-half in seven months; that…
1Opinion of the Court
The opinion of the court was delivered, by
Williams, J.
The plaintiff below subscribed for a share in the oil lands purchased by the defendants, “ located in St. Clair township, Columbiana county, state of Ohio, on the Little Beaver creek, Smith’s Ferry,” and paid them one-half of the price in money and gave his note, payable at a future day, for the residue. He refused to pay the note after it became due, and, upon the defendants’ refusal to refund the money which he had paid, brought this action to recover it back, on the ground that they had been guilty of such fraud as justified him in…
2Cases cited1 opinion
- Jackson ex dem. Cooper v. CoryNew York Supreme Court · 1811
3Cited by6 opinions
- Commonwealth v. LawrenceSupreme Court of Pennsylvania · 1924
- Africa v. TrexlerSupreme Court of Pennsylvania · 1911
- Borough of Elizabeth v. Aim Sher Corp.Supreme Court of Pennsylvania · 1983
- Trexler v. AfricaSuperior Court of Pennsylvania · 1910
- Mercer v. Santa Lucia, Pennsylvania Court of Common Pleas, Lawrence County1952
1 more not listed; retrieve them via the Exa API.