Glass v. Blair
Supreme Court of Pennsylvania
In error from the Common Pleas of Mercer county. Oct. 7. Plaintiff brought an action of debt on a note before a justice, where the defence was, that the consideration of the note was a worthless machine. On appeal, the pleas were payment and set-off. The jury found for the defendants, and certified “ a balance due to defendant exclusive of the note not now offered against defendants and plaintiff to receive back the machine.”
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In error from the Common Pleas of Mercer county. Oct. 7. Plaintiff brought an action of debt on a note before a justice, where the defence was, that the consideration of the note was a worthless machine. On appeal, the pleas were payment and set-off. The jury found for the defendants, and certified “ a balance due to defendant exclusive of the note not now offered against defendants and plaintiff to receive back the machine.” Motions for a new trial and in arrest of judgment having been overruled, the error assigned here was, “that the verdict finding acts to be done mutually by the parties…
1Opinion of the CourtRogers, J.
It is an insurmountable objection to the verdict, that there is no means of compelling its performance; for if the defendant refuses to deliver the machine, which is an essential part of the verdict, there is no means to compel him, as an attachment, the only known process, will not lie. His only remedy would be by suit, on the ground of a rescission of the contract, and thus the verdict which is intended to end the controversy, would be but the commencement or foundation of another action. Pennington v. Bowman, 10 Watts, 285. But it is said the exceptionable part may be rejected as…
2Cases cited4 opinions
- Fisher v. KeanSupreme Court of Pennsylvania · 1832
- Anderson's Executors v. LongSupreme Court of Pennsylvania · 1823
- Pennington v. BowmanSupreme Court of Pennsylvania · 1840
- Shoemaker v. MeyerSupreme Court of Pennsylvania · 1818
3Cited by1 opinion
- Smullin v. HarenskiSuperior Court of Pennsylvania · 1932