Walthour v. Spangler
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was an action of covenant brought by Joseph Spangler against David Walthour, who survived Christian Walthour, to recover the rent reserved on a lease, made by Samuel Spangler, as agent for his minor son, Joseph Spangler, to David and Christian Walthour, of a tavern, in the village of Jacksonville.
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Error to the Common Pleas of Westmoreland county. This was an action of covenant brought by Joseph Spangler against David Walthour, who survived Christian Walthour, to recover the rent reserved on a lease, made by Samuel Spangler, as agent for his minor son, Joseph Spangler, to David and Christian Walthour, of a tavern, in the village of Jacksonville. Joseph Spangler, a minor, was the owner of the demised premises, and on the 24th December 1850, his father, Samuel Spangler, without having been appointed his guardian, leased the premises to David and Christian Walthour, by the following…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
In strict law this is a covenant with- Samuel Spangler, and it was a mistake to declare on it as a covenant with Joseph, though, on the face of it, Samuel professes to be acting as agent for his son Joseph; and we think that the law authorizes the correction of such a mistake, by substituting the name of the true legal plaintiff indicated by the agreement declared on.
The refusal of the court to continue the cause, on allowing the correction, is not reviewable here. No doubt, the court would have granted a continuance, if the party had made…
2Cited by11 opinions
- Overholt Et Ux. v. Reliance Ins. Co.Supreme Court of Pennsylvania · 1935
- Trustees of Methodist Episcopal Church of Franklin v. Equitable Surety Co.Supreme Court of Pennsylvania · 1921
- Hewitt v. Democratic Publishing Co.Supreme Court of Pennsylvania · 1922
- Leland v. Firemen's InsuranceSuperior Court of Pennsylvania · 1937
- Roebling's Sons Co. v. American Amusement & Construction Co.Supreme Court of Pennsylvania · 1911
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