Stevenson v. Kleppinger
Supreme Court of Pennsylvania
ERROR to the common pleas of Westmoreland county. This was an ,action of covenant by the administrators of George Kleppinger, deceased, against John Stevenson, for not conveying the land mentioned in the following agreement: “Articles of agreement made and agreed by and between John Stevenson, of Hempfield township, Westmoreland county, of the one part, and George Kleppinger of Mount-Pleasant township, and county aforesaid, of the other part, witnesseth, that the said…
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ERROR to the common pleas of Westmoreland county. This was an ,action of covenant by the administrators of George Kleppinger, deceased, against John Stevenson, for not conveying the land mentioned in the following agreement: “Articles of agreement made and agreed by and between John Stevenson, of Hempfield township, Westmoreland county, of the one part, and George Kleppinger of Mount-Pleasant township, and county aforesaid, of the other part, witnesseth, that the said Stevenson hath bargained and sold unto the said Kleppinger the farm and plantation of land that he now lives on, and…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
That the vendor was not bound to make the conveyance till he had received the purchase-money, or security for it, is the point of view in which the cause was placed before the jury. The rule laid down in Edgar v. Boies, 11 Serg. & Rawle 450, is, that if a day be appointed for the payment of money, or any part of it, or for tbe doing of any other act or thing, and tbe day must or may happen before the thing which is the consideration of the money or other act is to be performed; an action may be brought for the money, or for not doing such…
2Cases cited1 opinion
- Youst v. MartinSupreme Court of Pennsylvania · 1817
3Cited by2 opinions
- Meyers v. HillSupreme Court of Pennsylvania · 1863
- Shure v. Shure, Pennsylvania Court of Common Pleas, Fayette County1938