Myers v. Hodges
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Bradford county. Lyman H. Hodges brought this action on the case against William Myers and John F. Satterlee, to recover damages for breach of contract. The defendants were administrators of Harry Spalding deceased, who died intestate, seised of real estate. In January 1832, the following proposition and agreement were executed by the plaintiff and defendants.
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WRIT of error to the court of common pleas of Bradford county. Lyman H. Hodges brought this action on the case against William Myers and John F. Satterlee, to recover damages for breach of contract. The defendants were administrators of Harry Spalding deceased, who died intestate, seised of real estate. In January 1832, the following proposition and agreement were executed by the plaintiff and defendants. Lyman H. Hodges proposes to William Myers, Esq. and John F. Satterlee, administrators of the estate of Colonel Harry Spalding, to purchase, upon the following terms, the home-farm of the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
Several points were presented to the court below, on behalf of the defendants, and error is assigned in the answers of the court. In none of them, however, does it appear that the court have erred, except in their answer to the first point; and we are of opinion that they ought to have directed the jury, that no action was maintainable on this contract.
An administrator has, by law, no interest in the real estate of the intestate. Where the personal estate is insufficient to pay the debts of the deceased, and to maintain and educate his…
2Cases cited2 opinions
- Doolin v. WardNew York Supreme Court · 1810
- Wilbur v. HowNew York Supreme Court · 1811
3Cited by4 opinions
- Nellis v. ClarkNew York Supreme Court · 1838
- Whitney v. WhitneyMassachusetts Supreme Judicial Court · 1944
- Miles v. DivenSupreme Court of Pennsylvania · 1837
- Scherr Et Ux. v. PageSuperior Court of Pennsylvania · 1932