Hutchinson v. Welch

Supreme Court of Pennsylvania

Hutchinson v. Welch

14 A. 328, 2 Monag. 513, 1888 Pa. LEXIS 781

CourtSupreme Court of Pennsylvania

DecidedMay 21, 1888

DocketNo. 29

StatusPublished

This text of 14 A. 328 (Hutchinson v. Welch) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hutchinson v. Welch, 14 A. 328, 2 Monag. 513, 1888 Pa. LEXIS 781 (Pa. 1888).

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Opinion

Per Curiam,

It is not necessary for us to decide in this case whether unexecuted articles for the sale and purchase of land may be rescinded by parol so that in equity no specific execution of them could be enforced. We do not mean by this that such question has never been decided, nor that it is one of any difficulty. We do not decide it for the reason that it is not in the case. The learned judge below instructed the jury that there was not sufficient evidence of a rescission, and in this we think he committed no error.

Judgment affirmed.

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Per Curiam,

It is not necessary for us to decide in this case whether unexecuted articles for the sale and purchase of land may be rescinded by parol so that in equity no specific execution of them could be enforced. We do not mean by this that such question has never been decided, nor that it is one of any difficulty. We do not decide it for the reason that it is not in the case. The learned judge below instructed the jury that there was not sufficient evidence of a rescission, and in this we think he committed no error.

Judgment affirmed.

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Bluebook (online)

14 A. 328, 2 Monag. 513, 1888 Pa. LEXIS 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutchinson-v-welch-pa-1888.