Hertzog v. Hertzog's Administrator
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. This was an action of assumpsit by John Hertzog against George W. Hertzog, administrator of George Hertzog, deceased, for services rendered and money paid by the plaintiff to the defendant’s intestate, on account of the purchase of a tract of land, known as the Drown Farm.
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Error to the Common Pleas of Fayette county. This was an action of assumpsit by John Hertzog against George W. Hertzog, administrator of George Hertzog, deceased, for services rendered and money paid by the plaintiff to the defendant’s intestate, on account of the purchase of a tract of land, known as the Drown Farm. The case was formerly before this court, and is reported in 5 Gasey 465. On the trial, the plaintiff gave evidence that his father, George Plertzog, the defendant’s intestate, had purchased the Drown Farm for him, he undertaking to pay the purchase-money; and that he had paid to…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The omission.from our statute of frauds and perjuries, of the 4th section of the British statute, after which ours was modelled, left us free to sue on parol contracts for the sale of lands. But such actions were rare in the early history of our jurisprudence; and when they were brought, the measure of damages, though not very distinctly defined in the cases, was so controlled, that specific performance of the contract should not be virtually enforced. It is too manifest for debate, that if the value of the land may be recovered in an…
2Cases cited18 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Baldwin v. MunnNew York Supreme Court · 1829
- Bender v. FrombergerSupreme Court of the United States · 1806
13 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Green v. RichmondMassachusetts Supreme Judicial Court · 1975
- Fannin v. CrattySupreme Court of Pennsylvania · 1984
- Kauss v. RohnerSupreme Court of Pennsylvania · 1896
- Seidlek v. BradleySupreme Court of Pennsylvania · 1928
- Byrne's EstateSuperior Court of Pennsylvania · 1936
30 more not listed; retrieve them via the Exa API.