Gratz v. Phillips
Supreme Court of Pennsylvania
THIS was an action of account render, in which the plaintiff in his own right, and also as survivor of Bernard Gratz, declared against the defendant as executor of Joseph Simon, “ that the said Joseph in his life time was the “ bailiff and receiver of the plaintiff, and had the care and “ management of divers lands and tenements of him the said “ plaintiff, to make sale thereof for the common profit of the “said plaintiff and Joseph, to wit of 1912 acres of land in “the…
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THIS was an action of account render, in which the plaintiff in his own right, and also as survivor of Bernard Gratz, declared against the defendant as executor of Joseph Simon, “ that the said Joseph in his life time was the “ bailiff and receiver of the plaintiff, and had the care and “ management of divers lands and tenements of him the said “ plaintiff, to make sale thereof for the common profit of the “said plaintiff and Joseph, to wit of 1912 acres of land in “the state of Pennsylvania &c. and to render a reasonable “ account thereof to the said plaintiff when thereunto re- “ quired.”…
1Opinion of the Court
Tilghman C. J.
In actions sounding merely in damages, the rule is established, that the plaintiff can recover no more than the amount laid in his declaration. If a verdict is found for more, the plaintiff may release the overplus, and take judgment for the amount declared for. If judgment be entered for a greater amount, it is error. In such actions the plaintiff demands nothing but damages, he alleges that the defendant has committed a trespass, or broken his covenant, or refused to, perform his promise, by which damage has been suffered to a certain amount; and as it is presumed that the…
2Cited by1 opinion
- Haag v. GoodSuperior Court of Pennsylvania · 1898