School Directors v. McBride
Supreme Court of Pennsylvania
Error to the Common Pleas of Armstrong county. This was an appeal entered 2d September, 1851, from the judgment of a justice of the peace, in a suit by The School Directors of Sugar Creek v. John McBride. In June, 1851, this suit was brought against John McBride to recover damages for not building a school-house according to contract, and judgment recovered for $100 and costs, from which the defendant appealed to the Common Pleas of Armstrong county. Narr. in covenant.
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Error to the Common Pleas of Armstrong county. This was an appeal entered 2d September, 1851, from the judgment of a justice of the peace, in a suit by The School Directors of Sugar Creek v. John McBride. In June, 1851, this suit was brought against John McBride to recover damages for not building a school-house according to contract, and judgment recovered for $100 and costs, from which the defendant appealed to the Common Pleas of Armstrong county. Narr. in covenant. Pleas non est factum, covenants performed absque hoc. 25th March, tried in Court, and verdict for defendant. 19th September,…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
This is an action for a breach of a covenant to erect a school-house, and the pleas are non est factum, and covenants performed. In such a ease it is irrelevant to inquire into the validity, as covenants, of the agreements to be performed by the plaintiff. Let it be assumed that there was no authority to seal the instrument on the part of the plaintiffs, then it would stand as their simple contract if the authority went' that far. But a simple contract on one side is a sufficient consideration for a covenant on the other, and in strict law a…
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