Schriver v. Eckenrode
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Adams county: Of May Term 1878, No. 10. Assumpsit by George I. Schriver against Elijah Eckenrode, to recover the value of the difference between the actual and the represented quantity of a certain tract of land. The facts are sufficiently stated in the opinion of this court.
1Opinion of the CourtJustice Paxson
The plaintiff alleges that the court below erred in entering judgment for the defendant upon the plea of former recovery. The action here is assumpsit. The plaintiff declared upon a contract of guaranty — the guaranty being that a certain tract of land purchased by the plaintiff from the defendant, contained one hundred and forty-four acres, while, as the narr. alleges, it contained but one hundred and thirty-two acres and one hundred and twenty-six perches. The damages claimed were $350, being the value of the eleven acres and thirty-four perches alleged to be deficient.
The former suit was…
2Cases cited1 opinion
- Hibshman v. DullebanSupreme Court of Pennsylvania · 1835
3Cited by6 opinions
- Schwan v. KellySupreme Court of Pennsylvania · 1896
- Respublica v. ArnoldSupreme Court of Pennsylvania · 1801
- Jackson v. ThomsonSupreme Court of Pennsylvania · 1906
- Sheble v. Strong, Pennsylvania Court of Common Pleas, Luzerne County1889
- Liggett v. RitterSuperior Court of Pennsylvania · 1913
1 more not listed; retrieve them via the Exa API.