Lewis v. Culbertson
Supreme Court of Pennsylvania
in error. Writ of errar to Chester county. The original parties to this suit in the court below, were Isaac W. Vanlear, plaintiff and Samuel Lewis, defendant. During its pendency they died, and their representatives were substituted. The plaintiff declared in covenant upon a lease for the payment of rent. The defendant pleaded, covenants performed, with leave, &c.
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in error. Writ of errar to Chester county. The original parties to this suit in the court below, were Isaac W. Vanlear, plaintiff and Samuel Lewis, defendant. During its pendency they died, and their representatives were substituted. The plaintiff declared in covenant upon a lease for the payment of rent. The defendant pleaded, covenants performed, with leave, &c. In the life time of the original parties, the defendant entered a rule of arbitration, under the act of 21st March, 1S06. An award was made against the plaintiff, and finding the sum of 2,456 dollars, to be due to the defendant.…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, ,T.
The effect of a nonsuit would have been, that the report of the arbitrators would have stood, and judgment on it would have remained, untouched; this was decided in Moore v. Hamilton's Executors. The plaintiff, to prevent this,preferred that a verdict should pass against him; and when the defendant offered evidence of his set off, he objected, and the court sustained his objection. To this the defendant excepted. The jury returned a general verdict for the defendant^ on which judgment was entered. We can easily see the advantage which the…
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