Hamilton v. executors of M'Guire
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Westmoreland county, in an action, of covenant• The testator, Robert McGuire, by articles of agreement, dated 1st March, 1813, covenanted to sell and convey to A. Hamilton certain lands; in consideration whereof, Hamilton covenanted to pay him 300 dollars by certain instalments.
Read the full summary
In Error. ERROR to the Court of Common Pleas of Westmoreland county, in an action, of covenant• The testator, Robert McGuire, by articles of agreement, dated 1st March, 1813, covenanted to sell and convey to A. Hamilton certain lands; in consideration whereof, Hamilton covenanted to pay him 300 dollars by certain instalments. The plaintiffs below, to shew a performance of the testator’s covenants, gave in evidence a conveyance, acknowledging in its body, the payment of the whole purchase money, with a receipt indorsed for the same. The defendant gave in evidence, under the plea of covenants…
1Opinion of the Court
Duncan J.
delivered the opinion of the Court.
The plaintiff objects to the charge of the Court; 1. That ^ art*cles of agreement have become extinct by the deed, In other words, that the performance of the contract on the part of the plaintiff, dissolved the contract on the part of the defendant, and discharged him from the performance j my reason cannot assent to this doctrine. It is so contrary to all justice and conscience, that it never can be consistent with any principle of law.
2. That the acknowledgment and receipt in the deed operate as a bar, or by way of estoppel j and that it is…
2Cited by5 opinions
- Phelps v. DeckerMassachusetts Supreme Judicial Court · 1813
- Bolton v. JohnsSupreme Court of Pennsylvania · 1847
- Watson v. BlaineSupreme Court of Pennsylvania · 1824
- Dutton v. TildenSupreme Court of Pennsylvania · 1850
- Griswold v. MessengerMassachusetts Supreme Judicial Court · 1828