Legal Opinion

Wilkinson v. Ferree

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 4 opinions

ERROR to the District Court, Philadelphia. George Ferree brought suit to recover $800 and interest, for rent claimed as due him by Wilkinson. The latter claimed a set-off, to the amount of $250, being one-half the sum at which Fer-ree had sold to him the fixtures and the good-will of a store. These had been sold for $500, which Wilkinson had paid. On his part testimony was offered to show that the title of Ferree to one-half of the fixtures had failed.

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ERROR to the District Court, Philadelphia. George Ferree brought suit to recover $800 and interest, for rent claimed as due him by Wilkinson. The latter claimed a set-off, to the amount of $250, being one-half the sum at which Fer-ree had sold to him the fixtures and the good-will of a store. These had been sold for $500, which Wilkinson had paid. On his part testimony was offered to show that the title of Ferree to one-half of the fixtures had failed. On Ferree’s par/; witnesses were examined, who testified that the fixtures were in fact worth only from $15 to $25. The judge below instructed…

1Opinion of the Court

The opinion of the Court was delivered by

Black, J.

One of these parties sold the other certain fixtures in a store for a price much beyond their real value. The vendor had no title whatever to the things sold, and the vendee seeks to be indemnified for his loss. The question is, whether he can recover back the sum which he paid for the fixtures, or whether his measure of damages must be restricted to their actual value.

When suit is brought on a contract and in affirmance of it, the verdict should make the plaintiff -whole; that is, put him in .as good a condition as if the contract had been…

2Cited by4 opinions

  1. Anthony A. Buford, Jr. v. Wilmington Trust CompanyCourt of Appeals for the Third Circuit · 1988
  2. Meacham v. GardnerSuperior Court of Pennsylvania · 1905
  3. Wessel v. Montgomery, Scott & Co.Superior Court of Pennsylvania · 1932
  4. Mann v. RaffertySuperior Court of Pennsylvania · 1930

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