Magaw v. Lothrop
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. Sylvanus Lothrop against William A. V. Magaw. This was an action of covenant upon the following agreement between the parties:— “ Agreement made this 13th day of July 1835, between Sylvanus Lothrop of the one part, and W. A. Y. Magaw of the other part.
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ERROR to the District Court of Allegheny county. Sylvanus Lothrop against William A. V. Magaw. This was an action of covenant upon the following agreement between the parties:— “ Agreement made this 13th day of July 1835, between Sylvanus Lothrop of the one part, and W. A. Y. Magaw of the other part. “ Sylvanus Lothrop sells to the said W. A. Y. Magaw, his heirs and assigns, a lot of ground, supposed to contain about two acres and a half, being the same premises described in a certain article of agreement between William Stewart and John M’Kee, dated 14th of October 1833, and recorded in Book…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
— Though in the decision of this case some general principles are involved of considerable importance, yet there are peculiar circumstances in the contract between the parties which must not be lost sight of, and which I shall in the first place advert to. By this contract, dated the 13th of July 1835, no particular time is mentioned at which the deed is to be made. The vendor agrees to sell a certain described property, and the vendee agrees to pay by instalments, the last of which is to fall due on the 1st of April 1840. All that is said…
2Cases cited4 opinions
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- Gore v. KinneySupreme Court of Pennsylvania · 1840
- Snyder ex rel. Etter v. WolfleySupreme Court of Pennsylvania · 1822
- Huber v. BurkeSupreme Court of Pennsylvania · 1824
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- In re CarrierDistrict Court, W.D. Pennsylvania · 1889
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