Hamilton v. Calhoun
Supreme Court of Pennsylvania
ERROR to Alleghany county. This was an action of covenant by Andrew Calhoun and Jane his wife against Hugh Hamilton upon articles of agreement, by which, for the consideration of a release of dower, the said Hugh Hamilton covenanted to pay the said Jane “ the s.um of 33 dollars 33 cents annually during her natural life; 10 dollars of which is to be paid in cash, the residue, or 23 dollars 33 cents, to be paid in trade according to her wants, to wit, grain, meat, hay, &.c. at…
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ERROR to Alleghany county. This was an action of covenant by Andrew Calhoun and Jane his wife against Hugh Hamilton upon articles of agreement, by which, for the consideration of a release of dower, the said Hugh Hamilton covenanted to pay the said Jane “ the s.um of 33 dollars 33 cents annually during her natural life; 10 dollars of which is to be paid in cash, the residue, or 23 dollars 33 cents, to be paid in trade according to her wants, to wit, grain, meat, hay, &.c. at market prices, of any or all such articles as she receives each and every yeár.” The only point of any importance which…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
I perceive no error in the record except in the answer of the court to the second point of the defendant’s counsel.
Hamilton, in consideration of the dower, covenants that he will pay to the wife of the plaintiff the stipulated sum of 33 dollars 33 cents, during her natural life: viz. “ 10 in cash, and the residue, 23 dollars 33 cents, in trade, according to her wants, viz. grain, meat, hay, &c. at market prices, of any or all such articles as she may receive each and every year.” The suit is brought to recover damages for the non performance…
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