Martin v. Hammon
Supreme Court of Pennsylvania
In error to the Common Pleas of Cumberland county. June 2. This was an action of covenant, in which Paul Martin, the plaintiff in error, was the defendant below.
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In error to the Common Pleas of Cumberland county. June 2. This was an action of covenant, in which Paul Martin, the plaintiff in error, was the defendant below. On the 29th of September, 1837, Philip Hammon entered into an agreement to sell to Paul Martin a tract of land in Franklin county, containing one hundred and sixty acres, for the consideration of $800, payable as follows, viz: $50 on the 1st of April, 1838; the same sum on the 1st April, 1839, 1840, and 1841; $150 on the 1st April, 1842; and the same sum on the 1st April, 1843, 1844, and 1845: the said Philip Hammon thereby…
1Opinion of the CourtCoulter, J.
This case is ruled by the case of Snevily v. Egle, 1 W. & S. 480. It may be admitted, that the plea of covenants performed, is not altogether tantamount or equivalent to the plea of payment, but it admits the foundation of the suit. The plaintiff did not set out his title; if he had, he would have been bound to prove it. Put as he merely avers that he had done all that he was bound to do, and as he was bound to give a good title, and the special verdict finds that he tendered a title before suit, the plea of covenants performed may fairly be construed as an admission that the deed tendered…
2Cases cited1 opinion
- Snevily v. EgleSupreme Court of Pennsylvania · 1841