Cassell v. Cooke
Supreme Court of Pennsylvania
In Error. THE defendant in error, David Cooke, brought an action of debt, against Henry Cassell, the plaintiff in error, in the Com-, mon Pleas of Lancaster county, on certain articles of agreement, entered into between them, on the 10th August, 1813. By these articles it was agreed, that Cooke should sell to Cassell an estate in fee simple, therein described, for which Cassell covenanted to pay 325 dollars per acre, in the following manner — viz.
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In Error. THE defendant in error, David Cooke, brought an action of debt, against Henry Cassell, the plaintiff in error, in the Com-, mon Pleas of Lancaster county, on certain articles of agreement, entered into between them, on the 10th August, 1813. By these articles it was agreed, that Cooke should sell to Cassell an estate in fee simple, therein described, for which Cassell covenanted to pay 325 dollars per acre, in the following manner — viz. One third of the purchase money on the IOth April, 1814 ; one third on the 10th April, 1815, and the remaining one third on the 10th April, 1816,…
1Opinion of the Court
The opinion of the Court was delivered by-
Duncan J.
Divesting it of mere technicality, and considering it on its real merits, the inquiry would be a very simple one : Had David Cooke a legal title ? If he had, did he tender to Henry Cassel, a good and sufficient conveyance, clear of incumbrances ? There are many minor points, which have been much insisted on by the plaintiff in error, and which it is proper to consider:
The amendment, or filing a new declaration. It has often been decided in this Court, that the power of the Courts, under the Act of the 25th of March, 1806, is not confined to *287me…
2Cases cited3 opinions
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3Cited by7 opinions
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- Coxe v. TilghmanSupreme Court of Pennsylvania · 1836
- Diehl v. M'GlueSupreme Court of Pennsylvania · 1830
- Innis v. CampbellSupreme Court of Pennsylvania · 1829
- Yohe v. RobertsonSupreme Court of Pennsylvania · 1837
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