Bumberger v. Clippinger
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Cumberland county. This was an action of debt, brought by Jacob Clippinger against Christian Bumberger, to recover the purchase money of land sold by the plaintiff to the defendant, in which the following facts were, agreed upon and considered in the nature of a special verdict: On the 28th September 1842, Jacob Clippinger covenanted to sell and convey to Christian Bumberger, his heirs and assigns, two tracts or parcels of land; one tract partly…
Read the full summary
ERROR to the Common Pleas of Cumberland county. This was an action of debt, brought by Jacob Clippinger against Christian Bumberger, to recover the purchase money of land sold by the plaintiff to the defendant, in which the following facts were, agreed upon and considered in the nature of a special verdict: On the 28th September 1842, Jacob Clippinger covenanted to sell and convey to Christian Bumberger, his heirs and assigns, two tracts or parcels of land; one tract partly in Cumberland and partly in Franklin counties, containing 86 acres and 105 perches, adjoining lands of Joseph Cressler,…
1Opinion of the Court
*314The opinion of the Court was delivered by
Rogers, J.
It is an invariable rule in a Court of Chancery, that a purchaser shall not be compelled to accept a doubtful title, nor will the court compel him to take an estate which it cannot warrant to him. Heath v. Heath, (1 Bro. C. 147); Marlow v. Smith, (2 P. Will. 198); Sugd. Vend, and the cases there cited. This cause comes before us on a case stated, and has been considered by both parties as in the nature of a bill for the specific performance of a contract, and is of course within the range of the principle above stated; so that the question…
2Cited by13 opinions
- Palairet's AppealSupreme Court of Pennsylvania · 1871
- List v. RodneySupreme Court of Pennsylvania · 1877
- Gayle v. JohnstonSupreme Court of Alabama · 1885
- Speakman v. ForepaughSupreme Court of Pennsylvania · 1863
- Estate of ReighardSupreme Court of Pennsylvania · 1899
8 more not listed; retrieve them via the Exa API.