VanHorn v. Munnell
Pennsylvania Court of Common Pleas, Lawrence County
No. 77 October Term 1891, Sup. Ct.; court below, No. 32 March Term 1890, C. P. On January 7, 1890, Robert VanHorn brought ejectment against James H. Munnell and James S. Munnell, executors of Abraham VanHorn, deceased,'David Fox and Rachel Fox, for a tract of land in Slipperyrock township. The defendant, Rachel Fox, not having appeared, judgment was entered against her by default. The executors above named pleaded not guilty.
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No. 77 October Term 1891, Sup. Ct.; court below, No. 32 March Term 1890, C. P. On January 7, 1890, Robert VanHorn brought ejectment against James H. Munnell and James S. Munnell, executors of Abraham VanHorn, deceased,'David Fox and Rachel Fox, for a tract of land in Slipperyrock township. The defendant, Rachel Fox, not having appeared, judgment was entered against her by default. The executors above named pleaded not guilty. At the trial, on November 10, 1890, the plaintiff claimed to recover upon a written contract between himself and Abraham VanHorn deceased, his father, made in 1865, and…
1Opinion of the Court
*502Opinion,
Mr. Justice Mitchell :
This action, being brought upon a lost writing, the terms of which are to be supplied by oral testimony, must, so far as concerns the requirements of proof, stand upon the same basis as an action upon a parol contract. For specific performance in such cases, it is indispensable to prove, by the most clear and indisputable evidence, the precise terms of the agreement: Sage v. McGuire, 4 W. & S. 228; McFarson’s App., 11 Pa. 503, 510. And this necessarily means the whole agreement. Even in the case of a writing, this court reversed a decree for specific performance…
2Cases cited4 opinions
- Appeal of M'FarsonSupreme Court of Pennsylvania · 1849
- Coxe v. EnglandSupreme Court of Pennsylvania · 1870
- Sage v. M'GuireSupreme Court of Pennsylvania · 1842
- Brady's AppealSupreme Court of Pennsylvania · 1870
3Cited by6 opinions
- Cooper v. BrownCourt of Appeals for the Third Circuit · 1942
- Roberts v. PhiladelphiaSupreme Court of Pennsylvania · 1913
- McKee v. HigbeeSupreme Court of Missouri · 1904
- Walker v. DrogmundSupreme Court of Colorado · 1937
- Box v. BoxSupreme Court of Alabama · 1942
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