Zents ex rel. Dale v. Legnard
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Forest county: No. 36, to October and November Term 1871. This was an action of covenant, brought February 20th 1869, by Solomon Zents, to the use of J. G-. Dale, against John B. Legnard.
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Error to the Court of Common Pleas of Forest county: No. 36, to October and November Term 1871. This was an action of covenant, brought February 20th 1869, by Solomon Zents, to the use of J. G-. Dale, against John B. Legnard. The declaration alleged that by articles of agreement dated April 15th 1867, between Legnard and Zents, it was agreed that Legnard should, within 14 days, convey to Zents two-sixteenths of the working interest of well No. 2, &c., for which Zents agreed to pay $500 at the execution of the agreement (which was paid), and $300 in 14 days from its date, when Legnard was to…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1872, by
Thompson, C. J.
Undoubtedly it was error in the learned judge to charge that the plaintiff below was bound to make and keep up a tender of the unpaid purchase-money on the articles of agreement between the parties in order to entitle him to recover. The conveyance and payment of the purchase-money were to be contemporaneous acts, and an offer of performance by the plaintiff was all that was required of him in order to a recovery when the defendant refused to perform. This is so conclusively settled in Wagonblast v. McKean et al., 2…
2Cases cited1 opinion
- Wagenblast v. M'KeanSupreme Court of Pennsylvania · 1854
3Cited by2 opinions
- Eberz v. HeislerSuperior Court of Pennsylvania · 1900
- Phillips Et Ux. v. TetznerSupreme Court of Pennsylvania · 1947