Liber v. Executors of Parsons

Pennsylvania Court of Common Pleas

Liber v. Executors of Parsons

1 S.C.L. 19

DecidedJanuary 15, 1785

StatusPublished

This text of 1 S.C.L. 19 (Liber v. Executors of Parsons) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Liber v. Executors of Parsons, 1 S.C.L. 19 (Pa. Super. Ct. 1785).

Pincite

Opinion

Pendleton, J.

There can be no doubt but that the-measure of estimating damages, in a case like the present, is the value of the land at the time of the eviction. Men do not make purchases, with a view of merely having interest for their money ; but they contemplate the rise in the value of the thing purchased. That value, then, the plaintiffs are justly entitled to. It is true, the whole lot is not recovered from them : a part still remains ; but the remaining part is greatly depreciated by the shape of it. It is, therefore, a matter altogether for the consideration of the jury, in the estimate of damages they mean to give, whether they will apportion the damages according' to the amount of the injury sustained, or give the full amount of the value of the lot, so as to rescind the contract, entirely, as they think proper.

Verdict for plaintiffs to the full value of the lot — 238/. 13.?. 6(f,

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Pendleton, J.

There can be no doubt but that the-measure of estimating damages, in a case like the present, is the value of the land at the time of the eviction. Men do not make purchases, with a view of merely having interest for their money ; but they contemplate the rise in the value of the thing purchased. That value, then, the plaintiffs are justly entitled to. It is true, the whole lot is not recovered from them : a part still remains ; but the remaining part is greatly depreciated by the shape of it. It is, therefore, a matter altogether for the consideration of the jury, in the estimate of damages they mean to give, whether they will apportion the damages according' to the amount of the injury sustained, or give the full amount of the value of the lot, so as to rescind the contract, entirely, as they think proper.

Verdict for plaintiffs to the full value of the lot — 238/. 13.?. 6(f,

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Bluebook (online)

1 S.C.L. 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liber-v-executors-of-parsons-pactcompl-1785.