Harbold's Executors v. Kuntz
Supreme Court of Pennsylvania
Error to the Common Pleas of Adams county. This was an action on the case, brought by John Kuntz against Michael Harbold. ■ The executors of Harbold were substituted, after his death.
Read the full summary
Error to the Common Pleas of Adams county. This was an action on the case, brought by John Kuntz against Michael Harbold. ■ The executors of Harbold were substituted, after his death. The suit was brought January 17,1849. In the declaration, the plaintiff claimed to recover for services of himself, his wife Susanna, and minor children, Michael, Elizabeth, and Sarah, alleged to have been rendered to defendants’ testator from 1831 to 1841; and also certain rents, accruing during said period, from a house and lot claimed as plaintiff’s, and which he alleged defendants’ testator rented out and…
1Opinion of the Court
The opinion of the eourt was delivered May 26, by
Coulter, J.
In order to take a case out of the statute, the acknowledgment of the debt must be clear and unequivocal, otherwise it is not equivalent to a promise to pay; and it ought to be so distinct in its extent and form as to leave no room for doubt or hesitation : Farley v. Kustenbader, 3 Barr 418; Berghaus v. Calhoun, 6 Watts 220; Magee v. Magee, 10 Watts 172; Hazlebacker v. Reeves, 9 Barr 258; Gilkyson v. Larue, 6 W. & Ser. 213. The extent of the promise, whatever may be said on that subject, is as important as any other of the…
2Cases cited1 opinion
- Magee v. MageeSupreme Court of Pennsylvania · 1840
3Cited by3 opinions
- Linderman v. Pomeroy, Pennsylvania Court of Common Pleas, Bradford County1891
- Painter's AppealSupreme Court of Pennsylvania · 1886
- Byer EstatePennsylvania Orphans' Court, Philadelphia County · 1967