Legal Opinion

Beetem's Administrators v. Burkholder

Supreme Court of Pennsylvania

Decided October 9, 1871PublishedCited by 9 opinions

Error to the Court of Common Pleas of Cumberland county: No. 86, to May Term 1871. This was an action of assumpsit, brought August 12th 1865, by Henry L. Burkholder against J. W. Patton and J. A. Stuart, administrators, &c., of William M. Beetem, deceased. The declaration was in the common counts. The cause was tried, November 9th 1869, and a verdict rendered for the defendants.

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Error to the Court of Common Pleas of Cumberland county: No. 86, to May Term 1871. This was an action of assumpsit, brought August 12th 1865, by Henry L. Burkholder against J. W. Patton and J. A. Stuart, administrators, &c., of William M. Beetem, deceased. The declaration was in the common counts. The cause was tried, November 9th 1869, and a verdict rendered for the defendants. The record was removed to the Supreme Court, where the judgment was reversed, and a venire facias de novo awarded. The facts are found at large in the report of the case (15 P. F. Smith 496). The cause was again…

1Opinion of the Court

The opinion of the court was delivered, October 9th 1871, by

Sharswood, J.

Wherever one of the parties to a contract has the right to rescind it, and elects to do so, before commencing his action to recover back the money which he has paid, he must give notice to the vendor and offer to return the thing sold. This • was settled in the High Court of Errors and Appeals in 1804, in Summers v. Ritchie, 6 Casey 147, note; s. c. 3 Yeates 531, and has been uniformly adhered to; Turnpike Co. v. The Commonwealth, 2 Watts 433; Roth v. Crissy, 6 Casey 145; Pearsoll v. Chapin, 8 Wright 12. It is easily…

2Cases cited4 opinions

  1. Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
  2. Thomas v. ShoemakerSupreme Court of Pennsylvania · 1843
  3. Turnpike Co. v. CommonwealthSupreme Court of Pennsylvania · 1834
  4. Ritchie v. SummersSupreme Court of Pennsylvania · 1803

3Cited by9 opinions

  1. Elzea v. BrownSuperior Court of Pennsylvania · 1915
  2. Fowler v. Meadow Brook Water Co.Supreme Court of Pennsylvania · 1904
  3. Elk Textile Co. v. CohenSuperior Court of Pennsylvania · 1921
  4. McEvoy v. M. Samuels & Sons., Inc.Supreme Court of Pennsylvania · 1923
  5. Cornelius v. The BankSuperior Court of Pennsylvania · 1900

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