Miller v. Fichthorn
Supreme Court of Pennsylvania
Error to the Common Pleas of Mifflin county. This was an action of debt brought by Daniel Eichthorn for the use of John Ross, against Andrew J. Miller, on a bond conditioned for the payment of $293. Eichthorn, the plaint,iff below, contracted to sell to one Andrew Cubbison, a lot of ground in Derry township, for $550. It was agreed that the deed should be made to Miller, the defendant, who was a brother-in-law to Cubbison.
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Error to the Common Pleas of Mifflin county. This was an action of debt brought by Daniel Eichthorn for the use of John Ross, against Andrew J. Miller, on a bond conditioned for the payment of $293. Eichthorn, the plaint,iff below, contracted to sell to one Andrew Cubbison, a lot of ground in Derry township, for $550. It was agreed that the deed should be made to Miller, the defendant, who was a brother-in-law to Cubbison. On the 31st' of December 1849, the deed was executed; and Miller gave the plaintiff a bond and mortgage for $293 for the balance of the purchase-money. At the time of the…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
The embarrassing complication of principles that has to be contended with, in relation to the mixture of oral and written evidence in the trial of causes, has necessarily given rise to great variety of judicial administration. Much of this arises from the natural and inevitable variety of method that exists in dealings; especially among persons whose principal occupation does not lead them to the knowledge and adoption of the customary forms that naturally grow up among trading men.
This ignorance of the usual forms of doing a given…
2Cases cited1 opinion
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
3Cited by22 opinions
- Commonwealth v. GardnerSupreme Court of Pennsylvania · 1925
- Pronzato v. GuerrinaSupreme Court of Pennsylvania · 1960
- Collins v. Lyon, Inc.Supreme Court of Virginia · 1943
- White Heat Products Co. v. ThomasSupreme Court of Pennsylvania · 1920
- Gigowski v. Russell, Texas Court of Appeals, 12th District (Tyler)1986
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