Stewart v. Keith
Supreme Court of Pennsylvania
In error from the Common Pleas of Erie. In 1825, Shattuck, by articles under seal, covenanted to convey certain premises to Stewart, the defendant below, on payment of $105, in six annual instalments. In 1836 he assigned his right therein to Keith, the plaintiff. This land had belonged to the Holland Land Co., to whose rights Huidekoper had succeeded, and for whom Shattuck acted as the agent.
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In error from the Common Pleas of Erie. In 1825, Shattuck, by articles under seal, covenanted to convey certain premises to Stewart, the defendant below, on payment of $105, in six annual instalments. In 1836 he assigned his right therein to Keith, the plaintiff. This land had belonged to the Holland Land Co., to whose rights Huidekoper had succeeded, and for whom Shattuck acted as the agent. It appeared from the testimony that the verbal contract was that Keith should pay the price agreed to Stewart, who then and at subsequent periods agreed to give him receipts “ which would bring the…
1Opinion of the CourtCoulter, J.
There is substance in the first error assigned. The only contract between the parties was the assignment of the articles of agreement between Jared Shattuck, who it appears was the agent of Huidekoper, and Simeon Stewart, for the sale and purchase of a tract of land.
Stewart assigned the contract, and at the time of the assignment and at other times said the receipts for payment, when presented to Huidekoper, would bring a deed. He gave over to Keith the receipts at the time of the assignment. Keith went into possession of the land, which he still retains.
The evidence is very strong that the…
2Cited by2 opinions
- Kann v. KannSupreme Court of Pennsylvania · 1918
- Alexander v. MulhallTexas Commission of Appeals · 1881