Cox's Administrator v. Henry
Supreme Court of Pennsylvania
Error to the Common Pleas of Somerset county. This was an action of covenant by William Henry against the administrators of Joshua F. Cox, deceased, to recover damages for the breach of the warranty contained in a deed from Joshua F. Cox and wife to William Henry, the plaintiff, dated the 14th December 1839, for a tract of land in Somerset county.
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Error to the Common Pleas of Somerset county. This was an action of covenant by William Henry against the administrators of Joshua F. Cox, deceased, to recover damages for the breach of the warranty contained in a deed from Joshua F. Cox and wife to William Henry, the plaintiff, dated the 14th December 1839, for a tract of land in Somerset county. The cause was arbitrated, and on the 21st January 1857, there was an award in favour of the plaintiff for $2370.60, from which the defendants appealed. .On the 20th February 1857, the defendants tendered the plaintiff a judgment for $450, which…
1Opinion of the Court
The opinion of the court was delivered by .
Lowrie, C. J.
We must set aside this judgment, because, the case was not properly before the court below, the record of it having been removed to this court in 1857, and not being actually taken back. But without this, the court was in error in entering the judgment. If the offer of judgment had been made under the Act of 21st March 1806, § 5, and the law there set out be still in force, we suppose that the defendant might have been held to his offer, unless he had asked and obtained leave of the court to withdraw it. But the offer is not under that…
2Cited by1 opinion
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