Fletcher v. Peck
Supreme Court of the United States
ERROR to the circuit court for the district of Massachusetts, in an action of covenant brought by Flecher against Peck* The first count of the declaration states that Peck, by Kis deed of bargain and sale dated the 14th of May, 1803,'in consideration of 3,000 dollars, sold and conveyed to Fletcher, 15,000 acres of land lying in 'common and undivided in a tract describedas follows: begin - ningonthe river Mississippi, wherethe latitude 32 deg. 40 min. north of the equator…
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ERROR to the circuit court for the district of Massachusetts, in an action of covenant brought by Flecher against Peck* The first count of the declaration states that Peck, by Kis deed of bargain and sale dated the 14th of May, 1803,'in consideration of 3,000 dollars, sold and conveyed to Fletcher, 15,000 acres of land lying in 'common and undivided in a tract describedas follows: begin - ningonthe river Mississippi, wherethe latitude 32 deg. 40 min. north of the equator intersects the same, running thence along the same parallel of latitude a due east course to the Tombigby river, thence up…
1Opinion of the Court
Marshall, Ch. J.
delivered the opinion of the court upon the pleadings, as follows:
In this cause there are demurrers to three pleas filed in the circuit court, and a special verdict found on an issue joined on the 4*b plea. The pleas were all sustained, and judgment was rendered lor the defendant.
To support this judgment, this court must concur in overruling all the demurrers; - for, if the plea to any one of the counts be bad, the plaintiff below is entitled, to damages on that count.
The covenant, on which the breach in the first count, is assigned, is in these words; “ that the legislature…
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