Hall v. White
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OP MERCER COUNTY. No. 180 October Term 1888, Sup. Ct.; court below, No. 50 J une Term 1886, C. P. On April 8, 1886, J. N. White, and others, heirs at law of G. W. White, brought an action of assumpsit against Jesse Hall, doing business as tbe Hubbard Mining and Manufacturing Company, to recover tbe purchase money of certain coal property. Tbe defendant pleaded, non assumpsit, payment with leave.
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ERROR TO THE COURT OE COMMON PLEAS OP MERCER COUNTY. No. 180 October Term 1888, Sup. Ct.; court below, No. 50 J une Term 1886, C. P. On April 8, 1886, J. N. White, and others, heirs at law of G. W. White, brought an action of assumpsit against Jesse Hall, doing business as tbe Hubbard Mining and Manufacturing Company, to recover tbe purchase money of certain coal property. Tbe defendant pleaded, non assumpsit, payment with leave. At tbe trial on March 29, 1888, it appeared that on January 2, 1888, the defendant, residing at Hubbard, Ohio, purchased a tract of coal land containing 124 acres,…
1Opinion of the Court
OuiNioN,
Mu. Justice Paxson:
This was an action of assumpsit for the purchase money of *105ten acres of land at <$150 per acre. The declaration is not printed as required by the rules of court, but we understand that the articles of agreement for the sale are set forth therein. As no point arises upon the declaration we can excuse its omission'.
The articles of agreement upon their face are between the plaintiffs as vendors and the Mercer Mining and Manufacturing Company as vendee. If this were all, there would be nothing to connect the defendant below with the contract. The jury have found,…
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