Espy v. Anderson
Supreme Court of Pennsylvania
Error to the Common Pleas of Jefferson county. This was an action of covenant, brought by John Anderson, the defendant in error, who was the plaintiff below, against Samuel O. Espy, to recover a part of the price of a house and lot in the borough of Brookville, alleged to be due on an article of agreement between the parties, dated Dec. 11, 1847. The narr. referred to the agreement, and it was alleged that the possession was given, and that Anderson made and tendered a deed…
Read the full summary
Error to the Common Pleas of Jefferson county. This was an action of covenant, brought by John Anderson, the defendant in error, who was the plaintiff below, against Samuel O. Espy, to recover a part of the price of a house and lot in the borough of Brookville, alleged to be due on an article of agreement between the parties, dated Dec. 11, 1847. The narr. referred to the agreement, and it was alleged that the possession was given, and that Anderson made and tendered a deed in fee simple, clear of encumbrances, &e. Defendant plead non est factum, non infregit eonventionem, and covenants…
1Opinion of the Court
The opinion of the court was delivered, by
Coulter, J.
— The defendant below offered to prove that, after making the article of agreement given in evidence by the plaintiff, and before the defendant took possession, a parol agreement was made between the parties to rescind it, and that Anderson then admitted that he could not make title, to be followed by proof that, after the recision, another parol agreement was made between the parties, under which Espy took possession. The court below rejected this evidence, which is assigned for the first error. In equity, a written agreement may be…
2Cases cited1 opinion
- Love v. JonesSupreme Court of Pennsylvania · 1835
3Cited by8 opinions
- Baker v. HowisonSupreme Court of Alabama · 1925
- State ex rel. Nevada Title Guaranty & Trust Co. v. GrimesNevada Supreme Court · 1906
- Producers Coke Co. v. HooverSupreme Court of Pennsylvania · 1920
- Langford v. BivinsCourt of Appeals of Texas · 1920
- Edwards v. O'NealCourt of Appeals of Texas · 1930
3 more not listed; retrieve them via the Exa API.