Mengel v. Williamson
Superior Court of Pennsylvania
Appeal, No. 97, Oct. T., 1911, by plaintiff, from judgment of C. P. Northampton Co., Sept. Term, 1910, No. 69, on verdict for plaintiff in case of Robert W. Mengel v. Peter Williamson. Assumpsit for breach of warranty. Before Stewaet, J. The court charged as follows: Gentlemen of the jury: This case has taken somewhat of a peculiar turn.
Read the full summary
Appeal, No. 97, Oct. T., 1911, by plaintiff, from judgment of C. P. Northampton Co., Sept. Term, 1910, No. 69, on verdict for plaintiff in case of Robert W. Mengel v. Peter Williamson. Assumpsit for breach of warranty. Before Stewaet, J. The court charged as follows: Gentlemen of the jury: This case has taken somewhat of a peculiar turn. As the court understands the law, the rule of damages in a case of this kind has been determined way back in the case that is reported in 4 Dallas, 442, a case of Bender against Fromberger, and it has been referred to in a number of cases. [The rule would be…
1Opinion of the Court
Opinion by
Rice, P. J.,
In the absence of fraud, the measure of damages for breach of warranty of title or seisin as to part only of the land conveyed is the “relative value” which the part *103bears to the whole, and this is to be estimated with regard to the price fixed by the parties for the whole. That this is the general rule established by the cases is shown by Judge Henderson’s opinion in Fuller v. Mulhollan, 40 Pa. Superior Ct. 257, and is not disputed here. But it is argued that where the covenantee has shown the area of land attempted to be conveyed, the area of the part as to which the…
2Cases cited4 opinions
- Morris v. PhelpsNew York Supreme Court · 1809
- Lee v. DeanSupreme Court of Pennsylvania · 1838
- Beaupland v. McKeenSupreme Court of Pennsylvania · 1857
- Fuller v. MulhollanSuperior Court of Pennsylvania · 1909
3Cited by4 opinions
- Herbert v. Northern Trust Co.Supreme Court of Pennsylvania · 1921
- Hepler v. AttsSuperior Court of Pennsylvania · 1963
- Epstein v. Van Gilder, Pennsylvania Court of Common Pleas, Lehigh County1957
- Gemmel v. Unterberger, Pennsylvania Court of Common Pleas, Lehigh County1963