Bush v. Breinig
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: Of January Term 1885, No. 443. This was an action of assumpsit, brought by James II. Breinig against William II. Bush, to recover the portion of the purchase money paid by him in pursuance of a contract executed when, lie alleges, he was in such a state of drunkenness as not to know what he was doing, and had lost the use of his reason and understanding. Plea, non assumpsit, payment with leave.
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Error to the Court of Common Pleas of Lehigh county: Of January Term 1885, No. 443. This was an action of assumpsit, brought by James II. Breinig against William II. Bush, to recover the portion of the purchase money paid by him in pursuance of a contract executed when, lie alleges, he was in such a state of drunkenness as not to know what he was doing, and had lost the use of his reason and understanding. Plea, non assumpsit, payment with leave. The following are the facts as they appeared on the trial, before Albiugiit, P. J.: William H. Bush, the owner of a hotel property in Quaker-town,…
1Opinion of the CourtJustice Trunkey
When the plaintiff’s bid was accepted the bargain was struck, and there was an oral agreement for the sale and purchase of the land on the terms stated in the conditions of sale. That agreement was not void, but voidable. Neither party could have compelled specific performance. Either would have a right of action for damages resulting from non-performance by the other; but the vendor could not tender a deed and recover the purchase money, for that would be enforcing specific performance ; he could only recover the actual loss.
Upon the signing of the conditions, prima facie, there was a…
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