Davis v. Stuard
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2 of Philadelphia comity: Of January Term 1879, No. 262. Assumpsit, by John Stuard, against Marcus A. Davis.
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Error to the Court of Common Pleas No. 2 of Philadelphia comity: Of January Term 1879, No. 262. Assumpsit, by John Stuard, against Marcus A. Davis. The narr. averred that in 1865 the defendant induced the plaintiff to pay him $1,000 for the purchase of a one-sixtieth interest in 685 acres of land in 'West Virginia, to be conveyed to a company to be incorporated and known as the Monongalia Land and Oil Company; that defendant represented it was rich oil territory, he having himself visited it and the adjoining territory; that the defendant would pay over said $1,000 to the company, which was…
1Opinion of the CourtJustice Trunkey
It was not error to overrule the defendant’s motion for leave to file the special plea. If, in an equity proceeding, the plaintiff testified to the facts set forth in the plea, the defendant was not misled or injured thereby so that the plaintiff is now estopped from asserting the truth. That testimony, embodied in a plea, would be no bar to this action. Under the general issue the defendant had the right to prove the facts as set out in the plea, if he could, but the evidence need not appear on the record.
The remark of the court which is made the sixth specification of error, — namely, “ But…
2Cited by10 opinions
- Tinius Olsen Testing MacHine Co. v. Wolf Co.Supreme Court of Pennsylvania · 1929
- Eberz v. HeislerSuperior Court of Pennsylvania · 1900
- Spiegelberg v. KarrSuperior Court of Pennsylvania · 1904
- Werbitsky v. FisherSuperior Court of Pennsylvania · 1916
- Zeller v. HauptSuperior Court of Pennsylvania · 1910
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