Chew v. Phillippi
Supreme Court of Pennsylvania
Error to the Common Pleas of Somerset county. This was an ejectment by Henry B. Chew, administrator of Benjamin Chew, deceased, against John Phillippi, for a tract of 293J acres of land, in Upper Turkeyfoot township, Somerset county.
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Error to the Common Pleas of Somerset county. This was an ejectment by Henry B. Chew, administrator of Benjamin Chew, deceased, against John Phillippi, for a tract of 293J acres of land, in Upper Turkeyfoot township, Somerset county. On the 5th April 1848, Henry B. Chew, the plaintiff, as administrator of Benjamin Chew, deceased, contracted by articles of agreement to sell the tract in question to John Phillippi, the defendant, for $1500, on the following terms: $375 to be paid in hand; and the balance in four equal annual instalments of $28L25; a deed to be made whenever the whole of the…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J. —
The case of the defendant in error is apparently a hard one, but it is not in our power to relieve him. An ejectment was brought against him by the plaintiff to compel the payment of purchase-money. On the 26th of August 1857 he confessed a judgment in his favour, to be released on the payment of $322.04, on or before the 1st of February 1858. He suffered his day of grace to pass unimproved, and made no offer to pay the money until the 23d day of February 1858, when it was tendered and refused. The tender came too late. In the confession of…
2Cases cited2 opinions
- Treaster v. FleisherSupreme Court of Pennsylvania · 1844
- Hollingsworth v. FrySupreme Court of the United States · 1800