Legal Opinion

Reed's Executors v. Reed

Supreme Court of Pennsylvania

Decided January 2, 1877PublishedCited by 14 opinions

Error to the Court of Common Pleas of Erie county: No. 84, of October and November Term 1875. This was an action of assumpsit, brought by W. W. Reed against Harriet W. Reed, executrix, and 0. M. Reed and J. 0. Harrison, executors of Charles M. Reed, deceased. ■ The declaration set forth, that the deceased, Charles M. Reed, entered into a contract with the plaintiff to procure a purchaser for what was known as the Erie canal, running through Pennsylvania from the city of Erie…

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Error to the Court of Common Pleas of Erie county: No. 84, of October and November Term 1875. This was an action of assumpsit, brought by W. W. Reed against Harriet W. Reed, executrix, and 0. M. Reed and J. 0. Harrison, executors of Charles M. Reed, deceased. ■ The declaration set forth, that the deceased, Charles M. Reed, entered into a contract with the plaintiff to procure a purchaser for what was known as the Erie canal, running through Pennsylvania from the city of Erie to the Ohio river, in which improvement the deceased ivas the principal stockholder and otherwise largely interested,…

1Opinion of the CourtJustice Woodward

There was technical error in the answer to the first point of the defendants below. The declaration set out a contract on the part of Charles M. Reed to pay the plaintiff the sum of $10,000, if he “ would procure a purchaser of and effect a sale of what was known as the Erie canal, in which General Reed was the principal stockholder and largely interested.” This was followed by an averment that a purchaser had been secured, a sale effected, and his part of the agreement performed by the plaintiff. The point was in these words: “ If the jury believe from the evidence that some time in July…

2Cases cited1 opinion

  1. Bollman v. LoomisSupreme Court of Connecticut · 1874

3Cited by14 opinions

  1. Clark v. Prov. Tr. Co., TrusteeSupreme Court of Pennsylvania · 1937
  2. Justy v. ErroCalifornia Court of Appeal · 1911
  3. Adams v. GreySupreme Court of Pennsylvania · 1898
  4. Middleton v. ThompsonSupreme Court of Pennsylvania · 1894
  5. Restein v. McCadden & Bro.Supreme Court of Pennsylvania · 1895

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