Rearick's Executors v. Rearick
Supreme Court of Pennsylvania
Error to the Common Pleas of Union county. This was an action of covenant brought by Christian Gross and John Swinehart, executors of the will of Henry Rearick, deceased, against Christian Rearick, on an agreement in writing between the plaintiffs’ testator and the defendant, for the recovery of the purchase-money of a certain tract of land. The plea was covenants performed.
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Error to the Common Pleas of Union county. This was an action of covenant brought by Christian Gross and John Swinehart, executors of the will of Henry Rearick, deceased, against Christian Rearick, on an agreement in writing between the plaintiffs’ testator and the defendant, for the recovery of the purchase-money of a certain tract of land. The plea was covenants performed. The material question was, whether the declarations of Henry Rearick, made previous to the execution'of the agreement, and at different times, during thirteen years subsequent to the execution of it, were sufficient to…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
It is much to be regretted the leading facts to be proved by the defendant’s witness, Conrad Rearick, were either inaccurately comprehended or unfairly stated, on the first trial of this cause, and on the former argument in this court. Had these ■facts been then presented as they have been since proved, the trouble and expense of a second trial would have been avoided, and something, at least, of the bitterness, which unfortunately so often marks the progress of a family quarrel, escaped. If, for the sake of a temporary triumph, the defendant…
2Cited by8 opinions
- Cridge's EstateSupreme Court of Pennsylvania · 1927
- Iacovino v. CaterinoSupreme Court of Pennsylvania · 1938
- Neville v. KretzsckmarSupreme Court of Pennsylvania · 1921
- Lowry v. RoySupreme Court of Pennsylvania · 1913
- American Home Savings Bank Co. v. Guardian Trust Co.Supreme Court of Pennsylvania · 1904
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