Lessee of Dunlop v. Speer
Supreme Court of Pennsylvania
IN this case a iudgment was entered for the plaintiff, in ° e r, ... , , , ~ . , the Circuit Court oí i rankhn county, on the 4th October 1804, with an agreement that the same should be released , „ „ , , ,, , . upon the payment of 6284 dollars 50 cents, due on certain articles of agreement between the plaintiff and defendant for , ir , the sale or a tract or land; 2000 dollars to be paid in two months, and the residue to be paid, one fourth in six months, and one fourth at…
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IN this case a iudgment was entered for the plaintiff, in ° e r, ... , , , ~ . , the Circuit Court oí i rankhn county, on the 4th October 1804, with an agreement that the same should be released , „ „ , , ,, , . upon the payment of 6284 dollars 50 cents, due on certain articles of agreement between the plaintiff and defendant for , ir , the sale or a tract or land; 2000 dollars to be paid in two months, and the residue to be paid, one fourth in six months, and one fourth at the end of every succeeding six months until the whole was discharged; execution to stay in .mean time. The whole…
1Opinion of the Court
Tilghman C. J.
after stating the case, delivered his opinion as follows:
The defendant applies to thé court to set aside this execution on two grounds: 1. That the year and day having elapsed, the execution was irregular. 2. That upon equitable principles, the court ought to suspend the execution until it is ascertained by the verdict of a jury what damages the defendant has sustained by Shelter's breach of the covenants in the articles of agreement.
1. On this point there is no difficulty. The reason of the plaintiff being put to his sci.fa. after the lapse of a year and day, is, that it may be…
2Cited by6 opinions
- Heck v. ShenerSupreme Court of Pennsylvania · 1818
- Price v. LewisSupreme Court of Pennsylvania · 1851
- Gogel v. JacobySupreme Court of Pennsylvania · 1819
- Harper v. KeanSupreme Court of Pennsylvania · 1824
- Howell v. EdgarIllinois Supreme Court · 1842
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