Sands, Herdic & Co. v. Arthur
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lycoming county: Of May Term 1877, No. 162. Assumpsit by John Arthur against Sands, Herdic & Co., for work and labor done. Defendants pleaded non-assumpsit, payment, payment with leave, &c. The material facts are stated in the opinion of this court.
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Error to the Court of Common Pleas of Lycoming county: Of May Term 1877, No. 162. Assumpsit by John Arthur against Sands, Herdic & Co., for work and labor done. Defendants pleaded non-assumpsit, payment, payment with leave, &c. The material facts are stated in the opinion of this court. The following point was presented by the plaintiff:— That even if the jury should believe that a parol contract was made between Peter Herdic and John Arthur for the sale of a lot of land to Arthur, upon the terms as testified to by Herdic, said contract would be absolutely void; and as no action could be…
1Opinion of the Court
The judgment of the Supreme Court was entered,
2Per curiam
This case is easily stated in a few words. Arthur was employed by Sands,- Herdic & Co., to do certain work in a saw-, mill. Herdic agreed by parol to sell a lot of ground to Arthur; and Arthur agreed, Herdic and the other members of the firm consenting thereto, that one-third of the price of the lot should be applied in payment of the work done at the saw-mill.. No possession -was taken of the lot, no actual application of the one-third of the price was made upon the work done. When the work was completed Herdic tendered a deed, and demanded a…
3Cases cited1 opinion
- Wilson v. ClarkeSupreme Court of Pennsylvania · 1841
4Cited by6 opinions
- Heights Land Co. v. Swengel's EstateSupreme Court of Pennsylvania · 1935
- Roberts v. RoeschSupreme Court of Pennsylvania · 1932
- McClintock v. South Penn Oil Co., Pennsylvania Court of Common Pleas, Washington County1892
- Conrade v. O'BrienSuperior Court of Pennsylvania · 1896
- Long v. Holben, Pennsylvania Court of Common Pleas, Lehigh County1939
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