Legal Opinion

Remington v. Irwin

Supreme Court of Pennsylvania

Decided September 15, 1850PublishedCited by 14 opinions

Error to the District Court of Allegheny county. This was an action of ejectment by Remington v. Irwin, to recover the possession of a tract of land in Allegheny county, containing 88 acres and 119 perches. It was an action of ejectment in the nature of a bill in equity, to enforce the specific performance of the contract for the sale of the land.

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Error to the District Court of Allegheny county. This was an action of ejectment by Remington v. Irwin, to recover the possession of a tract of land in Allegheny county, containing 88 acres and 119 perches. It was an action of ejectment in the nature of a bill in equity, to enforce the specific performance of the contract for the sale of the land. On the 4th of April, 1848, John Irwin, the defendant, entered into an agreement with Z. W. Remington, the plaintiff, to sell and convey to him the tract of land in dispute. In consideration of which, Remington agreed to pay to Irwin the sum of…

1Opinion of the Court

*145The opinion of the court was delivered by

Coulter, J.

— This is an action of ejectment brought by the vendee to enforce the specific performance of the contract of sale by the vendor. The defence is that the plaintiff, or vendee, did not perform his part of the contract at the day, nor within a reasonable time after, and that time was of the essence of the contract, and that therefore the vendor was not bound to perform.

The mode by which specific execution of a contract is enforced in England, or in those States where chancery courts and chancery forms exist, is by a bill in chancery ; but in…

2Cases cited1 opinion

  1. Henderson v. HaysSupreme Court of Pennsylvania · 1834

3Cited by14 opinions

  1. Bogojavlensky v. LoganSuperior Court of Pennsylvania · 1956
  2. Barnes v. ReaSupreme Court of Pennsylvania · 1908
  3. L. C. S. Colliery, Inc. v. Globe Coal Co.Supreme Court of Pennsylvania · 1951
  4. Friend v. LambSupreme Court of Pennsylvania · 1893
  5. Morrell v. BroadbentSupreme Court of Pennsylvania · 1927

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