Cox's Administrators v. Henry
Supreme Court of Pennsylvania
Errur, to the Common Pleas of Somerset county.* This was an action of covenant by William Henry against the administrators of Joshua E. Cox, deceased. ■ The jury found for plaintiff, $ 1881.11, and judgment was entered upon the verdict.
Read the full summary
Errur, to the Common Pleas of Somerset county.* This was an action of covenant by William Henry against the administrators of Joshua E. Cox, deceased. ■ The jury found for plaintiff, $ 1881.11, and judgment was entered upon the verdict. The defendants removed the cause to this court, and assigned, inter alia, that the court erred in admitting the evidence contained in certain hills of exception, the nature of which sufficiently appears in the opinion of the court, but which the reporter is unable, from the loss of the paper-books, more fully to state.
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J. —
In an action on an executory contract for refusing to convey land, after payment of the purchase-money, the measure of damages is the value of the land at the time it ought to have been conveyed: Bender v. Fromberger, 4 Dall. 442; Brown v. Dickerson, 2 Jones 372; King v. Pyle, 8 S. & R. 166; Hopkins v. Lee, 6 Wheat. 118. But where the contract has been executed by a deed with covenant of warranty, and the vendee is afterwards evicted by title paramount, the measure is the value of the land at the time of conveyance, with interest from…
2Cases cited23 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Pitcher v. LivingstonNew York Supreme Court · 1809
18 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Close v. ZellSupreme Court of Pennsylvania · 1891
- Laflin v. HoweIllinois Supreme Court · 1885
- Lehman v. PaxtonSuperior Court of Pennsylvania · 1898
- Lessee of Hartley v. M'AnultySupreme Court of Pennsylvania · 1804
- Tyson v. EyrickSupreme Court of Pennsylvania · 1891
2 more not listed; retrieve them via the Exa API.