Philips v. Scott
Supreme Court of Pennsylvania
ERROR to Centre county. This was an action of covenant by John Scott against Hardman Philips, to compel the defendant to convey the tract of land mentioned in an article of agreement.
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ERROR to Centre county. This was an action of covenant by John Scott against Hardman Philips, to compel the defendant to convey the tract of land mentioned in an article of agreement. The jury found the following special verdict: Articles of agreement, made and entered into the 25th day of January, in the year of our Lord 1814, between Sophia Philips, of Philadelphia, widow, by her attorney, Hardman Philips, and William P. Dewees, of Philipsburg, Centre county,' proprietors of certain lands on the Mushanan and Clearfield creeks, in Centre and Clearfield counties, of the one part, and John…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This is an action of covenant, to recover for the excess of the quantity of land above the quantity mentioned in the article of agreement, at the stipulated price per acre. The facts material to the question, in addition to the article itself, are these: on the 24th March 1813, Mr Trezuleny made a survey of the land in dispute for Mr Philips, who had sold the tract to George Ardy. Ardy being unable or unwilling to pay for it, it was sold to the defendant. Although it is not expressly said, yet it is understood, that the agreement was made…
2Cases cited3 opinions
- Smith v. EvansSupreme Court of Pennsylvania · 1813
- Frederick ex rel. Frederick v. CampbellSupreme Court of Pennsylvania · 1825
- M'Lelland v. CreswellSupreme Court of Pennsylvania · 1825
3Cited by3 opinions
- Coughenour's Adm'rs v. StauftSupreme Court of Pennsylvania · 1875
- Wier v. DoughertySupreme Court of Pennsylvania · 1856
- Imes v. Kaufman, Pennsylvania Court of Common Pleas, Berks County1944