Newlin v. Palmer
Supreme Court of Pennsylvania
in error. Error to the Common Pleas of Delaware county. In this suit, a summons in debt for three hundred and seventy-five dollars, was issued by Moses Palmer and William Trimble, the plaintiffs below, against John Newlin, the defendant.
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in error. Error to the Common Pleas of Delaware county. In this suit, a summons in debt for three hundred and seventy-five dollars, was issued by Moses Palmer and William Trimble, the plaintiffs below, against John Newlin, the defendant. The plaintiffs declared, upon a demise by them to the defendant of a grist mill, and tract of land, in Concord township, from the lsi of April, 1814,- for one year, at the rent of three hundred and seventy-five dollars, payable quarterly'. They afterwards, with the leave of the court, filed an additional count; in which they declared, that the defendant after…
1Opinion of the Court
*100The opinion of the court was delivered by
Duncan, J.
The questions raised on this record, are not without their difficulties. On a contract for a specific sum, debt for rent, three hundred and seventy-five dollars, the plaintiffs declared for two distinct years’ rent, each three hundred and seventy-five dollars, in separate counts. After verdict for a less sum than three hundred and seventy-five dollars, does the verdict cure it? This is not an action for use and occupation; in which case there is only an implied contract, and no precise sum agreed on; for this is debt on an express contract,…
2Cases cited5 opinions
- Shock v. M'ChesneySupreme Court of Pennsylvania · 1808
- Ebersoll v. KrugSupreme Court of Pennsylvania · 1812
- Young v. Commonwealth ex rel. BoalsSupreme Court of Pennsylvania · 1813
- Douglass v. BeamSupreme Court of Pennsylvania · 1809
- Farmers & Mechanics Bank v. IsraelSupreme Court of Pennsylvania · 1820
3Cited by6 opinions
- Sandback v. QuigleySupreme Court of Pennsylvania · 1839
- Griffith v. EshelmanSupreme Court of Pennsylvania · 1835
- Coxe v. TilghmanSupreme Court of Pennsylvania · 1836
- Diehl v. M'GlueSupreme Court of Pennsylvania · 1830
- Comfort v. LelandSupreme Court of Pennsylvania · 1838
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