Byers v. Mullen
Supreme Court of Pennsylvania
ERROR to the common pleas of Bedford county. This was an action of covenant by George Burd, surviving executor of Frederick Byers, deceased, against George Mullen, upon an article of agreement for the purchase and sale of several tracts of land.
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ERROR to the common pleas of Bedford county. This was an action of covenant by George Burd, surviving executor of Frederick Byers, deceased, against George Mullen, upon an article of agreement for the purchase and sale of several tracts of land. At the outset of the trial, it appeared that Byers, the vendor, had executed and delivered a deed, with general warranty for the land sold by him, which contained a receipt for the purchase-money; and was a full compliance on his part; and in this action he sought to recover from the vendee upon a breach of the covenant on his part, in not complying…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J,
Frederick Byers and George Mullen on the 30th of October 1818, entered into articles of agreement, by which it was stated that Byers had sold to Mullen a certain tract of land, describing it, for the sum of 6500 dollars, to be paid as follows:—“The said Frederick is to take a plantation, which the said George bought of David M’Vicker, containing 211 acres, at three thousand dollars, with a clear deed clear of all incumbrances; with full possession on the first of April next, and an improvement right for a place or tract of land, whereon…
2Cases cited7 opinions
- Smith v. EvansSupreme Court of Pennsylvania · 1813
- Seitzinger ex rel. Drinkel v. WeaverSupreme Court of Pennsylvania · 1829
- Lee v. DeanSupreme Court of Pennsylvania · 1838
- Crotzer v. RussellSupreme Court of Pennsylvania · 1822
- Bailey v. SnyderSupreme Court of Pennsylvania · 1835
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3Cited by2 opinions
- Lee v. DeanSupreme Court of Pennsylvania · 1838
- McDermith v. VoorheesSupreme Court of Colorado · 1891