Coughenour's Adm'rs v. Stauft
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: No. 291, to October and November Term 1874. This was an action of ejectment, brought October 15th 1873, by B. F. Coughenour and J. S. Detweiler, administrators, &c., of Isaiah Coughenour, deceased, against J. Stauft, to enforce the payment of the purchase-money of a tract of land, contracted to be sold by the decedent to the defendants, under the articles of agreement hereafter stated.
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Error to the Court of Common Pleas of Fayette county: No. 291, to October and November Term 1874. This was an action of ejectment, brought October 15th 1873, by B. F. Coughenour and J. S. Detweiler, administrators, &c., of Isaiah Coughenour, deceased, against J. Stauft, to enforce the payment of the purchase-money of a tract of land, contracted to be sold by the decedent to the defendants, under the articles of agreement hereafter stated. The case was tried, October 1st 1874, before Stowe, J., of the Fifth district. The plaintiffs gave in evidence the agreement, viz.:— “Agreement entered into…
1Opinion of the CourtChief Justice Agnew
*195This is a close case and difficult to determine. On the one hand the contract is still executory, and the difference in quantity unusually large, turning the equity of specific performance to the side of the plaintiff. On the other, the leading features and terms of the agreement turned strongly to the side of the defendant on the question of the actual intent of the parties. Where the intent of the parties is clearly to make a sale by the acre, as the means of determining the price, and the contract is still in fieri, the rule undoubtedly is, to compel payment of the purchase-money according…
2Cases cited7 opinions
- Smith v. EvansSupreme Court of Pennsylvania · 1813
- Cronister v. CronisterSupreme Court of Pennsylvania · 1841
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- Dickinson v. VoorheesSupreme Court of Pennsylvania · 1844
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3Cited by8 opinions
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