McDowell v. Oyer
Supreme Court of Pennsylvania
Error to the Common Pleas of Franklin county. This was an action on the case on promises, brought to October Term, 1851, by Jacob Oyer v. John M. McDowell, administrator of the estate of Jacob Myers, deceased.
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Error to the Common Pleas of Franklin county. This was an action on the case on promises, brought to October Term, 1851, by Jacob Oyer v. John M. McDowell, administrator of the estate of Jacob Myers, deceased. The declaration contained a special count, in which it was alleged that, in the year 1847, in consideration that the plaintiff would not remove to the west, but would remain in the county of Franklin, and farm the place of Jacob Myers, and attend to his business generally, as long as Myers should live, that Myers undertook and' promised the plaintiff that Myers would give him a tract of…
1Opinion of the Court
The opinion of the Court was delivered, by
Black, C. J.
— This was assumpsit. The plaintiff proved (or produced evidence tending to prove) that there was a contract between him and the defendant’s intestate, by which he (the plaintiff) was to serve Myers as his agent and the manager of his business, until his (Myers’) death; that for this service Myers was to give him a certain piece of land; that the service was rendered accordingly, but Myers died without conveying the land, and without making any provision for carrying his part of the contract into effect. The plaintiff also had a book…
2Cases cited2 opinions
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