Elkin v. Timlin
Supreme Court of Pennsylvania
Appeal, No. 155, Oct. T., 1892, by defendant, J. A. Timlin, from judgment of C. P. Jefferson Co., Feb. T., 1889, No. 174, on verdict for plaintiff, John Elkin. Assumpsit on parol promise to pay judgments against L. S. Watt. At the trial, before White, P. J., of the 40th judicial district, specially presiding, it appeared that the defendant and L. S. Watt were cotenants in a tract of land.
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Appeal, No. 155, Oct. T., 1892, by defendant, J. A. Timlin, from judgment of C. P. Jefferson Co., Feb. T., 1889, No. 174, on verdict for plaintiff, John Elkin. Assumpsit on parol promise to pay judgments against L. S. Watt. At the trial, before White, P. J., of the 40th judicial district, specially presiding, it appeared that the defendant and L. S. Watt were cotenants in a tract of land. Defendant contracted to sell his own and Watt’s undivided interest in the land to plaintiff. Evidence for plaintiff tended to show that when Watt’s deed was tendered to plaintiff he objected to taking it…
1Opinion of the Court
Opinion bv
Mb. Justice Sterrett,
In plaintiff’s first point the court was, in substance, requested to charge the jury: That if they found defendant made the contract to sell his own and Tabana S. Watt’s undivided interests in the land, and when Watt’s deed was offered to plaintiff he objected to taking it because he feared there might be judgments against Watt; and, in order to induce him to take the deed, defendant said, “I will stand good to you for all judgments against Watt,” and thereupon plaintiff accepted de*498fendant’s proposition “ and took the deed in pursuance thereof, the verdict of…
2Cases cited2 opinions
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3Cited by7 opinions
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