Lowry v. Mehaffy
Supreme Court of Pennsylvania
ERROR to the common pleas of Erie county. Action of assumpsit brought in the court below by Thomas Mehaffy against William L. Hale and Nathaniel A. Lowry, to recover one year’s interest upon the sum of 8300 dollars, being the balance or residue of 10,S00 dollars, the amount of the purchase-money agreed to be paid by the defendants below to the plaintiff upon a contract made between them for the sale and purchase of a certain messuage and piece of ground situate in the…
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ERROR to the common pleas of Erie county. Action of assumpsit brought in the court below by Thomas Mehaffy against William L. Hale and Nathaniel A. Lowry, to recover one year’s interest upon the sum of 8300 dollars, being the balance or residue of 10,S00 dollars, the amount of the purchase-money agreed to be paid by the defendants below to the plaintiff upon a contract made between them for the sale and purchase of a certain messuage and piece of ground situate in the borough of Erie, being parts and parcels of lots Nos. 2695 and 2696, according to the general plan of said borough. By the…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
In regard to the first question, it may be observed, that in England it seems to be well settled, if the agreement be signed by one of the parties only, it is sufficient to bind him, because, according to the terms of their statute against frauds, it only requires the writing to be signed by the person to be charged. 1 Sug. Vend. 84, 85, 9th ed. and the authorities there quoted. But our act against frauds is more free, if possible, from all objection of this kind than the English; because our act does not declare the agreement void if not…
2Cases cited2 opinions
- Ewing v. TeesSupreme Court of Pennsylvania · 1808
- Bell v. AndrewsSupreme Court of the United States · 1796
3Cited by10 opinions
- Smith & Fleek's AppealSupreme Court of Pennsylvania · 1872
- Tripp v. BishopSupreme Court of Pennsylvania · 1868
- Stevenson v. Titus Admrs.Supreme Court of Pennsylvania · 1938
- Cadwalader v. AppSupreme Court of Pennsylvania · 1876
- Brodhead v. ReinboldSupreme Court of Pennsylvania · 1901
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