Legal Opinion

Burk's Appeal

Supreme Court of Pennsylvania

Decided March 23, 1874PublishedCited by 23 opinions

Appeal from the Court of Common Pleas of Delaware county : In Equity: Of January Term 1873, No. 214. The bill in this ease was filed February 20th 1871, by William D. H. Serrill against Joseph E. Burk, to compel specific execution of the following contract:— “ In consideration of the sum of fifty dollars this day received from William D. H. Serrill, I do hereby promise and agree for myself, my heirs, executors and administrators, to and with the said William D. H. Serrill,…

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Appeal from the Court of Common Pleas of Delaware county : In Equity: Of January Term 1873, No. 214. The bill in this ease was filed February 20th 1871, by William D. H. Serrill against Joseph E. Burk, to compel specific execution of the following contract:— “ In consideration of the sum of fifty dollars this day received from William D. H. Serrill, I do hereby promise and agree for myself, my heirs, executors and administrators, to and with the said William D. H. Serrill, to grant and convey to him, his heirs or assigns, in fee simple, by a good and sufficient deed, clear of all…

1Opinion of the Court

The opinion of the court was delivered, March 23d 1874, by

Mercur, J.

This bill was filed to enforce performance of an agreement in writing made by the appellant, to sell and convey to the appellee, certain lands in fee simple, clear of all encumbrances. It appears there was an encumbrance of a small sum on the land, in favor of the widow and heirs of a former owner. This was unknown to the appellee at the time the contract was executed. The encumbrance still remains.

The general rule is well settled, that the purchaser, if he chooses, is entitled to have the contract specifically performed so…

2Cases cited2 opinions

  1. Clark v. SeirerSupreme Court of Pennsylvania · 1838
  2. Weller v. WeyandSupreme Court of Pennsylvania · 1853

3Cited by23 opinions

  1. Detwiler v. CaponeSupreme Court of Pennsylvania · 1947
  2. Polka v. MaySupreme Court of Pennsylvania · 1955
  3. Roth v. HartlSupreme Court of Pennsylvania · 1950
  4. Merritz v. CircelliSupreme Court of Pennsylvania · 1949
  5. Hoffman's AppealSupreme Court of Pennsylvania · 1935

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