Hennershotz v. Gallagher
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 307 January Term 1886, Sup. Ct.; court below, No;648 June Term 1878, C. P. No. 1. In an action of covenant instituted on August 1, 1878', by A. L. Hennersliotz against A. J. Gallaglier, tbe plaintiff’s narr set out two sealed agreements for the purchase and sale of real estate.
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ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 307 January Term 1886, Sup. Ct.; court below, No;648 June Term 1878, C. P. No. 1. In an action of covenant instituted on August 1, 1878', by A. L. Hennersliotz against A. J. Gallaglier, tbe plaintiff’s narr set out two sealed agreements for the purchase and sale of real estate. Of these agreements, The first, dated October 2, 1876, was between A. L. Hennershotz of the first part, and A. J. Gallagher of thesecondpart, and recited the ownership of said Hennershotz of three several lots in West Philadelphia, except as to an…
1Opinion of the Court
Opinion,
Me. Justice Mitchell :
The learned judge below was clearly right in holding the two agreements to be separate and distinct. They were made more than nine months apart in time; each is complete in itself and neither contains any reference to the other; even the lands which are the subjects of them are prima facie not the same, for, though in the same counties, they are described in the first as “ four farms containing seven hundred and sixty-three acres,” and in the second as “ the several premises containing in the aggregate seven hundred and forty-seven- and two thirds acres, more or…
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