Legal Opinion

Boyce v. M'Culloch

Supreme Court of Pennsylvania

Decided May 15, 1842PublishedCited by 17 opinions

ERROR to the Common Pleas of Centre county. Elijah Boyce against George M’Culloch, Anthony Shorb, John Lyon, David Stewart, and William M. Lyon.

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ERROR to the Common Pleas of Centre county. Elijah Boyce against George M’Culloch, Anthony Shorb, John Lyon, David Stewart, and William M. Lyon. This was an action of ejectment brought to enforce the specific performance of a contract made 11th of March 1829, between the plaintiff, and Gilbert S. Loyd, by which Loyd covenanted to sell and convey the land in controversy to the plaintiff, in consideration of $1 per acre, payable in instalments of $20 per annum, the last of which fell due in 1834. There was a receipt upon the agreement for $18: it was recorded on the 12th of June 1833. After the…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

—■ In the various matters assigned for error, we are unable to perceive anything exceptionable, unless it be that part of the court’s charge to the jury, where the learned Judge notices the first point submitted by the defendants. The Judge, after stating the proposition of the defendants in this point, and the objection made to it on behalf of the plaintiff by his counsel, who cited Goucher v. Martin, (9 Watts 106), in support of the same, proceeds to instruct the jury, by saying, “We do not consider that that case rules the present…

2Cases cited2 opinions

  1. Stevens v. CooperNew York Court of Chancery · 1815
  2. Goucher v. MartinSupreme Court of Pennsylvania · 1839

3Cited by17 opinions

  1. Holden v. . PurefoySupreme Court of North Carolina · 1891
  2. Mahon v. LeechNorth Dakota Supreme Court · 1902
  3. Brownfield's Executors v. BrownfieldSupreme Court of Pennsylvania · 1892
  4. Workman v. GuthrieSupreme Court of Pennsylvania · 1857
  5. Magen v. NeimanSupreme Court of Pennsylvania · 1930

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