Ellet v. Paxson
Supreme Court of Pennsylvania
THIS was an action of assumpsit brought by Charles Ellet and Mary his wife, the said Mary suing by her next friend and trustee, Elijah Dallett, for the use of said Elijah, against Timothy Paxson, Thomas P. Cope, Joseph Roberts, William J. Duane, and John A. Barclay, executors, &c., of Stephen Girard, deceased. This cause was tried at Nisi Prius, before Mr Justice Sergeant, and a verdict rendered for the plaintiffs in the sum of 16500. The defendants moved for a new trial.
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THIS was an action of assumpsit brought by Charles Ellet and Mary his wife, the said Mary suing by her next friend and trustee, Elijah Dallett, for the use of said Elijah, against Timothy Paxson, Thomas P. Cope, Joseph Roberts, William J. Duane, and John A. Barclay, executors, &c., of Stephen Girard, deceased. This cause was tried at Nisi Prius, before Mr Justice Sergeant, and a verdict rendered for the plaintiffs in the sum of 16500. The defendants moved for a new trial. The declaration stated that Stephen Girard desired to purchase a lot and stable in Harmony court, and employed W. J. Duane…
1Opinion of the Court
*433The opinion of the Court was delivered by
Kennedy, J.
This is an action of assumpsit, claimed to be founded upon a verbal contract, alleged to have been made by Stephen Girard, the testator, in his lifetime, with the plaintiffs, for the purchase of a certain lot or piece of ground, and stables thereon erected, situate on the north side of Harmony Court, in Walnut ward, in the city of Philadelphia, at the price of $15,000. On the trial of the cause, at Nisi Prius, various questions were raised, which are presented in the reasons assigned for a new trial. Among the number, the question whether…
2Cited by13 opinions
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