Campbell v. Gallagher
Supreme Court of Pennsylvania
WESTMORELAND county. John Gallagher covenanted to convey to William Campbell a lot of ground for a certain consideration, a part of which was paid. Campbell paid a part of the purchase money, and tendered the balance, and demanded a deed, which Gallagher could not give to him because of incumbrances which existed upon the lot. Campbell pleased to rescind the contract, and brought this action before a justice of the peace to recover the money which he had paid on its account.
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WESTMORELAND county. John Gallagher covenanted to convey to William Campbell a lot of ground for a certain consideration, a part of which was paid. Campbell paid a part of the purchase money, and tendered the balance, and demanded a deed, which Gallagher could not give to him because of incumbrances which existed upon the lot. Campbell pleased to rescind the contract, and brought this action before a justice of the peace to recover the money which he had paid on its account. The only question which arose was, whether a justice of the peace had jurisdiction of the subject matter of the action.…
1Opinion of the Court
Pee. Curiam
Jurisdiction is committed to justices of the peace, of causes of action arising from contract, in all cases where the sum demanded is not above one hundred dollars, “ except in cases of real contract, where the title to lands or tenements may come in question ;” and the argument is, that the action is not on the original contract, but in disaffirmance of it. But the legislature have not said that the action in the excepted cases must necessarily be on the contract; it is sufficient to exclude from ¡'jurisdiction that it arises from it. There are few cases of real contract in the…
2Cited by3 opinions
- Doud v. TrubySupreme Court of Pennsylvania · 1852
- Gramigna v. Brieg, Pennsylvania Court of Common Pleas, Lackawanna County1931
- Martin v. Ingersoll, Pennsylvania Court of Common Pleas, Erie County1903