Hexter v. Bast
Supreme Court of Pennsylvania
EUKOR TO THE COURT OE COMMON PLEAS OE SCHUYLKILL COUNTY. No. 34 January Term 1888, Sup. Ct.; court below, No. 143 June Term 1876, C. P. On March 17, 1876, a summons in ease was issued in an action by Abraham llexter against Gideon Bast. Before the trial, the defendant having died, his executors were substituted.
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EUKOR TO THE COURT OE COMMON PLEAS OE SCHUYLKILL COUNTY. No. 34 January Term 1888, Sup. Ct.; court below, No. 143 June Term 1876, C. P. On March 17, 1876, a summons in ease was issued in an action by Abraham llexter against Gideon Bast. Before the trial, the defendant having died, his executors were substituted. The declaration, which,was in several counts, set out in substance an offer by the defendant to sell to the plaintiff a certain mortgage for $12,500 and certain notes secured thereby, accompanied with a promise and undertaking that the mortgage and notes were properly made and…
1Opinion of the Court
Opinion,
Me. Justice Clark:
This is an action on the case for deceit. Some of the counts in the declaration might perhaps be read as for an injury arising ex contractu; but, as the plaintiff stated at the trial that the injury complained of arose ex delicto, that the original as well as the amended declaration set forth a cause of action in deceit, and the defendants, conforming to that theory of the case, entered a plea of not guilty, we will consider the questions presented as they were presented at the trial in the court below. It would be unfair to the learned judge to do otherwise, for it…
2Cases cited4 opinions
- Cox v. HighleySupreme Court of Pennsylvania · 1882
- Follansbee v. WalkerSupreme Court of Pennsylvania · 1873
- Warren v. Philadelphia Coal Co.Supreme Court of Pennsylvania · 1877
- Kauffelt v. LeberSupreme Court of Pennsylvania · 1845
3Cited by22 opinions
- Neuman v. Corn Exchange National Bank & Trust Co.Supreme Court of Pennsylvania · 1946
- Savitz v. WeinsteinSupreme Court of Pennsylvania · 1959
- Griswold v. GebbieSupreme Court of Pennsylvania · 1889
- Boddy v. HenrySupreme Court of Iowa · 1901
- Emery v. Third Nat. Bk. of PittsburghSupreme Court of Pennsylvania · 1934
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