Hatton v. Johnson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Grawford county: Of October and November Term 1876, No. 77. This was an action of covenant, brought by Samuel R. Hatton and Samuel P. Boyer against W. H. Johnson. The material facts were these: The Watson Petroleum Company was the owner of two lots in the city of Titusville, and by articles of agreement covenanted to sell to J. N. Pew. Pew afterwards by articles of agreement covenanted to convey to S. P. Boyer and S. R. Hatton.
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Error to the Court of Common Pleas of Grawford county: Of October and November Term 1876, No. 77. This was an action of covenant, brought by Samuel R. Hatton and Samuel P. Boyer against W. H. Johnson. The material facts were these: The Watson Petroleum Company was the owner of two lots in the city of Titusville, and by articles of agreement covenanted to sell to J. N. Pew. Pew afterwards by articles of agreement covenanted to convey to S. P. Boyer and S. R. Hatton. On the 6th day of December 1871, S. P. Boyer and S. R. Hatton, J. N. Pew joining in the article, covenanted to convey part of the…
1Opinion of the CourtJustice Paxson
The last payment, under the articles of agreement of December 6th 1871, became due on the 25th of September 1873. Had the plaintiff below been ready on that day to pay the balance of the purchase-money, he would have been in a condition to have demanded a deed, and perhaps to have rescinded the contract, in case it was not forthcoming. But if the witness Pew is to be believed, the plaintiff was not prepared to pay, and did not pay said instalment ; on the contrary, he applied for and obtained an extension of the time. Hence, as between the parties, time ceased to be of the essence of the…
2Cited by12 opinions
- Dravo Contracting Co. v. James Rees & Sons Co.Supreme Court of Pennsylvania · 1927
- Eberz v. HeislerSuperior Court of Pennsylvania · 1900
- Vankirk v. PattersonSupreme Court of Pennsylvania · 1902
- Hopp v. BergdollSupreme Court of Pennsylvania · 1925
- Shilanski v. FarrellSuperior Court of Pennsylvania · 1914
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