Speer v. M'Chesney
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Allegheny county. John M’Chesney against James A. Speer. This was an appeal from the judgment of a justice. The claim of the plaintiff was for mason-work done for the defendant. The parties disputed about the amount of wock done. It appeared on thd- trial, that before suit was brought, the parties "chose John W.. Johnston to measure the work, and agreed “ to abide by his measurement.”
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ERROR to the Common Pleas of Allegheny county. John M’Chesney against James A. Speer. This was an appeal from the judgment of a justice. The claim of the plaintiff was for mason-work done for the defendant. The parties disputed about the amount of wock done. It appeared on thd- trial, that before suit was brought, the parties "chose John W.. Johnston to measure the work, and agreed “ to abide by his measurement.” The result of his measurement was proved; and the defendant asked the court to instruct the jury that it was conclusive. In answer to which the court said that it was not conclusive,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
It is evident from an effort perceptible in the earlier cases, to construe awards so as to defeat them, that they were not favoured by the courts. To this cause is to be attributed also their limited effect in operating a transfer of property. In Hunter v. Rice, (15 East 100), Lord Ellenborough remarked, that there is a difference between an award that property be transferred, and an actual transfer of it by the contract of the owner, made through the medium of an agent; yet it seems difficult to understand why an agreement of transfer…
2Cited by2 opinions
- Wilson v. GettySupreme Court of Pennsylvania · 1868
- Groat v. PrachtSupreme Court of Kansas · 1884