Miles v. Stevens
Supreme Court of Pennsylvania
May 15 and June 26. This was an action brought in the District Court of the County of Lancaster, to September Term, 1844, by the plaintiff in error, who was plaintiff below, against Thaddeus Stevens, surviving Charles Ogle, deceased, upon the covenant of the defendant, to pay to the plaintiff five thousand dollars on the first day of August, 1837, in the following article of agreement :— “Articles of agreement, made March 3,1837, between James Miles, of the county of Erie…
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May 15 and June 26. This was an action brought in the District Court of the County of Lancaster, to September Term, 1844, by the plaintiff in error, who was plaintiff below, against Thaddeus Stevens, surviving Charles Ogle, deceased, upon the covenant of the defendant, to pay to the plaintiff five thousand dollars on the first day of August, 1837, in the following article of agreement :— “Articles of agreement, made March 3,1837, between James Miles, of the county of Erie and state of Pennsylvania, of the first part, and Thaddeus Stevens and Charles Ogle, both of the state aforesaid, of the…
1Opinion of the CourtRogers, J.
This is an action of debt on an article of agreement, between James Miles and Thaddeus Stevens, who survived Charles Ogle, to recover the sum of five thousand dollars with interest, payable the 1st of August, 1837. The execution of the instrument is admitted by the defendant, who contends that he ought not to be compelled to pay the money; first, because there was fraud or misrepresentation on the part of the plaintiff; second, that the contract was entered into under an entire misapprehension and mistake of material facts; and, third, that the plaintiff has no title to the property he…
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