Stitzel v. Kopp
Supreme Court of Pennsylvania
ERROR to the Common Pleas of York county. Sebastian Stitzel and Jacob Asper against Leonard Kopp. This was an action of debt upon the joint and several sealed note of Peter Kopp and Leonard Kopp.
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ERROR to the Common Pleas of York county. Sebastian Stitzel and Jacob Asper against Leonard Kopp. This was an action of debt upon the joint and several sealed note of Peter Kopp and Leonard Kopp. The plaintiffs, as the assignees of Isaac Hull, sold at public sale a tract of land upon the following conditions: “ The condition of this present sale, held the 29th September 1843, namely, of a plantation or tract of land containing 140 acres more or less of patented land, as the property of Isaac Hull. The highest bidder is to be the buyer; any person purchasing the said plantation or tract of…
1Opinion of the Court
The opinion of the Court was delivered by
Burnside, J.
(after stating the facts of the case). — The covenants to deliver the deed clear of all incumbrances, and the payment of one half the purchase money, were mutual and dependent; the distinction between dependent and independent covenants is well settled ; in the former, between a vendor and vendee of land, the conveyance and payment of the purchase money are to be simultaneous acts, and there must, therefore, be an existing capacity in the vendor to give a good title; in the latter, when the payments are to precede the conveyance, it is no…
2Cases cited1 opinion
- Withers v. AtkinsonSupreme Court of Pennsylvania · 1832
3Cited by3 opinions
- Youngman v. Elmira & Williamsport RailroadSupreme Court of Pennsylvania · 1870
- Vernam v. WilsonSuperior Court of Pennsylvania · 1906
- Stickter v. GuldinSupreme Court of Pennsylvania · 1858