Irvine v. Bull
Supreme Court of Pennsylvania
ERROR to the common pleas of Bradford county. This was au action on the case by David M. Bull against Andrew Irvine, in which the plaintiff’s cause of action was thus set out.
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ERROR to the common pleas of Bradford county. This was au action on the case by David M. Bull against Andrew Irvine, in which the plaintiff’s cause of action was thus set out. “That he, the said Andrew Irvine, heretofore, to wit on the 1st day of June in the year 1828, at Bradford county aforesaid, for and in consideration of the sum of 50 dollars to be paid by the said David to him the said Andrew, he the said Andrew undertook, and faithfully promised the said David to execute a’ good and sufficient deed to convey to the said David, his heirs and assigns, for ever, a certain town .lot,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
—A conditional verdict is bad at common law ; and it is sustainable here but as an instrument of equity. For what equitable purpose was it employed ? Unquestionably to enforce a specific execution of the contract, not to give damages for the breach of it. As a means of enforcing a common law object, it would be incurably vicious : it would be absurd. Now I take it to be indisputable, that a jury may not enforce a specific execution by verdict where a chancellor would not enforce it by decree. Would, therefore, a chancellor execute the…
2Cases cited1 opinion
- Huber v. BurkeSupreme Court of Pennsylvania · 1824
3Cited by6 opinions
- Hertzog v. Hertzog's AdministratorSupreme Court of Pennsylvania · 1859
- Meason v. KaineSupreme Court of Pennsylvania · 1870
- Meason v. KaineSupreme Court of Pennsylvania · 1871
- George v. BartonerSupreme Court of Pennsylvania · 1838
- Irvine v. BullSupreme Court of Pennsylvania · 1838
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