Huston v. Springer
Supreme Court of Pennsylvania
Writ of error to the Court of Gommon Pleas of Fayette cóun-, ■iy. Amicable action in account render. The plaintiff, John Huston, declared against the defendant, Jacob Springer, in the usual form of one. tenant in common against another. The defendant pleaded, fully accounted and payment, with leave to give the special matter in evidence.
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Writ of error to the Court of Gommon Pleas of Fayette cóun-, ■iy. Amicable action in account render. The plaintiff, John Huston, declared against the defendant, Jacob Springer, in the usual form of one. tenant in common against another. The defendant pleaded, fully accounted and payment, with leave to give the special matter in evidence. Replication, that the defendant has not fully accounted, non solvit and issues. -The following facts were agreed upon by the parties to be considered as a special verdict: On the 1st of March, 1798, Joseph Huston and Dennis Springer were seised in their…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
— Joseph Huston, the uncle of the plaintiff, and Dennis Springer, the father of the defendant, were tenants in common of a forge; and this action is brought to have an account *100of the profits from the- time when the plaintiff acquired the estate-of his uncle. The defendant elarms a right to defalcate certain-expenses incurred by him before that time in repairs; for which, he - alleges, he ought to have contribution. The plaintiff alleges that the defendant was .bound, by the.terms of a lease from Joseph Huston, to make these repairs at his…
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