Huber v. Burke
Supreme Court of Pennsylvania
IN ERROR. On a writ pf error to the District Court for the city and county of Lancaster, the case appeared to be thus: The defendant in error, Peter Burke, declared m debt for the penalty of articles of agreement, éntered into between himself and John Huber, the plaintiff in error, on the 26th of February, 1817. By these articles Burke agreed, in consideration of the sum of 5,500 dollars, 3,500 dollars of which, were to be paid on the 1st of April next, ensuing the date of…
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IN ERROR. On a writ pf error to the District Court for the city and county of Lancaster, the case appeared to be thus: The defendant in error, Peter Burke, declared m debt for the penalty of articles of agreement, éntered into between himself and John Huber, the plaintiff in error, on the 26th of February, 1817. By these articles Burke agreed, in consideration of the sum of 5,500 dollars, 3,500 dollars of which, were to be paid on the 1st of April next, ensuing the date of the articles, and the residue in one year from that day, to convey to Huber, on the 1st of April, 1817, a good title to…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
In this cause there are two points on which the matters in controvery so much depend, that I shall confine myself to the consideration of them. The plaintiff declared in debt for the penalty in the articles of agreement; and the jury were directed, that as this was not an action, of damages for a. breach of the contract, but an action of debt in the nature of a bill for specific *244performance, to recover the purchase money, the contract was to be carried into complete execution, by a recovery of the purchase money, or not at all: and that on…
2Cases cited2 opinions
- Lang v. KeppeleSupreme Court of Pennsylvania · 1804
- Witman v. ElySupreme Court of Pennsylvania · 1818
3Cited by5 opinions
- Appleton v. DonaldsonSupreme Court of Pennsylvania · 1846
- Irvine v. BullSupreme Court of Pennsylvania · 1835
- Bellas v. LloydSupreme Court of Pennsylvania · 1834
- Magaw v. LothropSupreme Court of Pennsylvania · 1842
- Cook v. GrantSupreme Court of Pennsylvania · 1827