Graff's v. Kelly's Executors
Supreme Court of Pennsylvania
Error to the Common Pleas of Butler county. This was an action of covenant, brought by Elizabeth Graff, executrix, &c., of Henry Graff, against J. M. Kelly and J. P. Jack, executors of John Kelly.
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Error to the Common Pleas of Butler county. This was an action of covenant, brought by Elizabeth Graff, executrix, &c., of Henry Graff, against J. M. Kelly and J. P. Jack, executors of John Kelly. The plaintiff declared on articles of agreement, in which Henry Graff covenanted to convey to John Kelly one hundred acres of land in Parker township, for the consideration of $530, payable in three instalments, averring that the two last instalments, with interest, were unpaid, and a willingness in the plaintiff to convey on receipt of the purchase-money; that suit had been brought by plaintiff…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
In July 1854, Henry Graff sold to John ■Kelly, by articles of agreement, one hundred acres of land, in consideration of $530, which Kelly covenanted to pay as follows : $230 on the 1st April 1855 — $200 on the 1st April 1856, and the balance of $100 on the 1st April 1857, with interest. Having failed to make the first payment, suit was brought against Kelly, and a judgment recovered therefor, and under this judgment the land, was sold at sheriff’s sale to John Graham, for $550. The present action is brought for the balance of…
2Cases cited2 opinions
- Day v. LowrieSupreme Court of Pennsylvania · 1836
- Neil v. ThompsonSupreme Court of Pennsylvania · 1835