Schwan v. Kelly
Supreme Court of Pennsylvania
Appeal, No. 193, Oct. T., 1895, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1894, No. 518, on bill in equity. Bill in equity to rescind a contract for the sale of real estate. The case was heard on bill and answer, and the court entered a decree dismissing the bill, filing the following opinion: 1. statement.
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Appeal, No. 193, Oct. T., 1895, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1894, No. 518, on bill in equity. Bill in equity to rescind a contract for the sale of real estate. The case was heard on bill and answer, and the court entered a decree dismissing the bill, filing the following opinion: 1. statement. The bill was filed to rescind a contract for the purchase of real estate, on the ground of misrepresentation and fraud practiced by the vendor on the vendees, and to require a return of the purchase money paid. By written agreement, dated February 1, 1893, Joseph…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The vendees in a contract for the purchase of land, claiming the right to rescind on the ground of fraud, tendered a deed of reconveyance and demanded the repayment of the part of the purchase money which they had paid. The right was denied by the vendors, who then caused a scire facias to issue on the mortgage which had been given them by the vendees for the unpaid balance of the purchase money. At the trial no defense was interposed, and under the judgment obtained the property was sold by the sheriff, and purchased by the plaintiffs in that action. A bill…
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- Kelsey v. MurphySupreme Court of Pennsylvania · 1856
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