Phipps v. Buckman
Supreme Court of Pennsylvania
Appeal in Equity from the Common Pleas of Montgomery county. This was a bill in equity by William Buekman against Peter Phipps and James W. Phipps, for the specific performance of a contract for an exchange of lands. It appeared on the hearing, that the complainant had executed a deed to the defendants for the property agreed to be conveyed to them, and that they had gone into possession.
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Appeal in Equity from the Common Pleas of Montgomery county. This was a bill in equity by William Buekman against Peter Phipps and James W. Phipps, for the specific performance of a contract for an exchange of lands. It appeared on the hearing, that the complainant had executed a deed to the defendants for the property agreed to be conveyed to them, and that they had gone into possession. The answer alleged fraud and misrepresentation on the part of the complainant, in reference to the contract. The facts are sufficiently set forth in the opinion of the court. The court below made a decree…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.
— The domain of law differs from that of morals. The one aims to prevent and redress actual wrong; the other to regulate those sentiments of the mind which prompt to outward action. Like concentric circles of unequal circumference, they embrace ground common to both; but there are' sound moral maxims which fall beyond the sphere of jurisprudence. Every false statement is an immoral act, but not every false representation will invalidate a contract. An agreement is seldom made in which each party does not hope for some advantage to himself,…
2Cases cited1 opinion
- M'Farland v. NewmanSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Suraci v. BallSuperior Court of Pennsylvania · 1946
- Rohrbach v. Travelers Indemnity Co.Supreme Court of Pennsylvania · 1923
- Ackman v. JasterSupreme Court of Pennsylvania · 1897