McManus v. Cassidy

Citations

• 66 Pa. 260

Syllabus

<p>1. When a party has fully performed his part of a special simple contract, Re may maintain assumpsit and declare in the common counts.</p> <p>2. When the cause of action is on a sealed writing the form must be debt or covenant.</p> <p>3. The only exceptions are when the specialty has been altered by parol so as to make it a new contract, or when the specialty is abandoned and a new and independent contract made.</p> <p>4. McGrann v. N. Lebanon Railroad, 5 Casey 82, criticised.</p>