Lipman v. Noblit
Supreme Court of Pennsylvania
Appeal, No. 168, Jan. T., 1899, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1897, No. 732, on verdict for defendant. Assumpsit for balance of purchase money of real estate. Before Sulzberger, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned among others was the instruction of the court.
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Appeal, No. 168, Jan. T., 1899, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1897, No. 732, on verdict for defendant. Assumpsit for balance of purchase money of real estate. Before Sulzberger, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned among others was the instruction of the court. The principal is liable for his agent’s defaults while in the scope of his employment, though he did not know his agent to be a defaulter: Pepper v. Cairns,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Green,
Noblit was the purchaser of the property in question, and at the time and place appointed for the delivery of the deed and the payment of the purchase money, he was present with the whole amount, and ready to pay it over and to receive the deed. From the plaintiff’s own testimony it appears that he consented to, and did, execute and deliver the deed to Noblit, and Noblit did in fact pay the whole of the purchase money in a way to which the plaintiff testifies he consented. There was an unsatisfied mortgage upon the premises which it was the duty of the…
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