Hess v. Heeble
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Lancaster county. It was an action of assumpsit brought to recover forty pounds, part of the price of a tract of land sold by the plaintiff to the defendant, on the 2d April, 1800. By the terms of the contract which was declared upon specially, the defendant was to pay one hundred pounds on the first of the following May, and fifty pounds in two years afterwards, or by two annual instalments at his option.
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In Error. ERROR to the Common Pleas of Lancaster county. It was an action of assumpsit brought to recover forty pounds, part of the price of a tract of land sold by the plaintiff to the defendant, on the 2d April, 1800. By the terms of the contract which was declared upon specially, the defendant was to pay one hundred pounds on the first of the following May, and fifty pounds in two years afterwards, or by two annual instalments at his option. He paid sixty pounds, part of the first payment, and for the remaining forty pounds this suit was brought.- Notwithstanding the pendency of the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
Without.pretending to determine what would -have been the effect of the recovery, in the second suit, on a question, whether the plaintiff might give evidence, tha!t the present demand had not been submitted to the jury, or considered by them, notwithstanding it was included in the declaration, .we are of opinion, that all the evidence which went to shew the second suit was brought to recover the last payment only, was inadmissible. The question was not, whether the plaintiff should explain, by parol evidence, what was submitted to, and what…
2Cited by1 opinion
- Ezzell v. MaltbieSupreme Court of Georgia · 1849