Middleton v. Stone
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of July Term, 1884, No. 65. This was an action of covenant brought by Lewis P. Stone against Charles H. Middleton, October 28th, 1881, on a written contract under seal hereinafter set out. The first narr was filed on December 15th, 1881, to which defendant pleaded non est factum, covenant performed, covenants performed absque hoc.
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of July Term, 1884, No. 65. This was an action of covenant brought by Lewis P. Stone against Charles H. Middleton, October 28th, 1881, on a written contract under seal hereinafter set out. The first narr was filed on December 15th, 1881, to which defendant pleaded non est factum, covenant performed, covenants performed absque hoc. An amended narr was filed April 8th, 1882 ; all defendant’s pleas to the first narr were then withdrawn. The amended declaration was upon said contract. It contained five counts which sufficiently…
1Opinion of the CourtJustice Green
The plaintiff in his amended narr declared upon the contract in suit in three different wajus. In the'first count he declares upon an absolute sale of.two mares for the specific sum of $250, and charges as a breach the non-payment of that sum. In the second count he declares upon a conditional sale of the mares for a sum of $250, and for the one half of such additional sum, not exceeding $25 as such one half, as the defendant might sell-the mares for, providing he sold them before October 10th, 1881, and if not by that time sold then to pay the plaintiff $250 for them ; and charges as a…
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