Shughart v. Moore
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: Of May Term 1874, No. 79. This was an action on the case, brought January 7th 1870, by Jonas Shughart against Johnston Moore.
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Error to the Court of Common Pleas of Cumberland county: Of May Term 1874, No. 79. This was an action on the case, brought January 7th 1870, by Jonas Shughart against Johnston Moore. The cause of action as set out in the declaration was in the first count: That in consideration that the plaintiff, at the defendant’s request, would move on his farm, become his tenant for one year, from the 1st day of April 1869, to the 1st day of April 1870, and farm it on the shares, the defendant would build a suitable barn on the farm ; that the plaintiff did become tenant and took possession of the…
1Opinion of the CourtJustice Sharswood
The cases of Weaver v. Wood, 9 Barr 220 and Powelton Coal Co. v. McShain, 25 P. F. Smith 238, are full to the point that the offer of evidence complained of in the first assignment of error ought to have been received. These cases settle beyond all question that where a promise is made by one party in consideration 'of the execution of a written instrument by the other, it may be shown by parol evidence. It is no answer to this, to say that the jury may have found for the defendant on the evidence upon the ground that the plaintiff had prevented the defendant from fulfilling his contract to…
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