Perit v. Wallis
Supreme Court of the United States
THIS was an action of debt, on a bond which was executed upon the 29th of January 1789, by the defendant, to Peletiah Webster, the Testator, in the penal sum of £5000, with the following condition subjoined : " Whereas the said Samuel Wallis did, by his deed, duly executed under his hand and seal, bearing even date with these presents, grant, bargain and sell unto the said Peletiah Webster a certain tract of land therein described, containing 12,625 acres, and contracted to…
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THIS was an action of debt, on a bond which was executed upon the 29th of January 1789, by the defendant, to Peletiah Webster, the Testator, in the penal sum of £5000, with the following condition subjoined : " Whereas the said Samuel Wallis did, by his deed, duly executed under his hand and seal, bearing even date with these presents, grant, bargain and sell unto the said Peletiah Webster a certain tract of land therein described, containing 12,625 acres, and contracted to make a clear title in fee, under a patent or patents from the State of Pennsylvania, for the same: And whereas patents…
1Opinion of the Court
M‘Kean, Chief Justice:—The only question before the Court is, whether the Jury had a power, under the circumstances of this case, to give any damages beyond the penalty of the bond : The quantum (which might be a subject of dispute on a motion for a new trial is not at all involved in the point submitted our decision.
Of the power of the Jury we do not entertain a doubt.—Though positive law, and judicial precedents, should be totally silent on the subject, the principles of morality, equity, and good conscience, would furnish an adequate rule to influence and direct our judgment. By that rule…
2Cited by18 opinions
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Edmond v. StateDistrict Court of Appeal of Florida · 1973
- Mower v. KipNew York Court of Chancery · 1836
- Boyd v. BoydSupreme Court of Pennsylvania · 1833
- Wyman v. RobinsonSupreme Judicial Court of Maine · 1882
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