Hamilton v. Crossman

Citations

• 130 Pa. 320
• 18 A. 634
• 1889 Pa. LEXIS 1187

Syllabus

<p>(а) Williams conveyed to Hamilton 200 acres of land covenanting to be responsible for any damage which Hamilton should sustain by reason of the failure of the boundaries, given in the deed, to include all the cleared land. Hamilton entered upon and cut trees from 21 acres of other land belonging to Williams, for which act Williams brought trespass.</p> <p>(б) Pending this suit, Hamilton agreed to exchange farms with Crossman, who covenanted that “ should Hamilton gain a certain law-suit now pending, wherein Williams is plaintiff and Hamilton defendant, the cause of said action of Williams being for 21 acres of land, to pay Hamilton $1,000 more,” and (after several details about smaller items), “Hamilton to give a good and sufficient deed, free from liens,” etc.</p> <p>(c) Contemporaneously with the execution of this contract, Hamilton delivered to Crossman a deed for 200 acres of land. Subsequently Williams was non-prossed in said suit. Hamilton then brought covenant against Crossman to recover, inter alia, the $1,000 provided for in the contract, but without having previously tendered a deed for the 21 acres.</p> <p>1. In such a ease, the deed to be made under the contract fairly referred to the 21 acres, and it being admitted that no deed therefor had been delivered, or even tendered, ther-e was error in not instructing the jury explicitly that as to the item of $1,000, for the 21 acres, the plaintiff was not entitled to recover.</p>