Legal Opinion

Perkins v. Hart

Supreme Court of the United States

Decided March 18, 1826PublishedCited by 117 opinions

THIS was an action of general indebitatus assumpsit, brought in the Circuit Court of Ohio, for work and labour, care and diligence, by the plaintiff done and bestowed, asan agent and'attorney, in exploring, showing, surveying, and selling, the lands of the defendant’s testator; also, in the searching of records, investigating titles, and in the payment of the taxes of the testator. The declaration contains the other general money counts.

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THIS was an action of general indebitatus assumpsit, brought in the Circuit Court of Ohio, for work and labour, care and diligence, by the plaintiff done and bestowed, asan agent and'attorney, in exploring, showing, surveying, and selling, the lands of the defendant’s testator; also, in the searching of records, investigating titles, and in the payment of the taxes of the testator. The declaration contains the other general money counts. The plaintiif also filed what, is styled an additional “bill of particulars.’'’ for exploring, giving information of the situation an^ value,…

1Opinion of the CourtJustice Washington

The first point reserved in the Court below, and on which the Judges of that Court were divided in opinion, consists of two propositions : 1. That, upon the whole evidence, the three let- ' ters partibularly referred to constitute a special agreement, investing the plaintiff with the agency of Hart’s lands in Ohio; 2. That this special agreement was open and subsisting at the time the cause of action is claimed to have arisen, which precludes the plaintiff from recovering in this action.

Propositions involved in the first posm.

It is not easy to understand what the defendant’s counsel mean by…

2Cited by117 opinions

  1. Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
  2. State v. Illinois Central RailroadIllinois Supreme Court · 1910
  3. Wiggins v. BurkhamSupreme Court of the United States · 1870
  4. Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
  5. Oil Co. v. Van EttenSupreme Court of the United States · 1882

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