Gans v. Renshaw
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. Renshaw brought covenant on articles for the purchase of land by Gans, who agreed to transfer judgments amounting to $1000, in payment, as soon as plaintiff would execute a deed, clear of all- encumbrances : possession to be delivered on the 14th of the next month. He then proved an entry by the son of the defendant.
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Error to the Common Pleas of Fayette county. Renshaw brought covenant on articles for the purchase of land by Gans, who agreed to transfer judgments amounting to $1000, in payment, as soon as plaintiff would execute a deed, clear of all- encumbrances : possession to be delivered on the 14th of the next month. He then proved an entry by the son of the defendant. Also a tender of a deed with warranty against all encumbrances except quit-rents, at which time defendant objected that there were judgments and liens. . Defendant then showed a judgment against William Schroyer, security of Schroyer…
1Opinion of the CourtGibson, C. J.
— A purchaser is not bound to take a doubtful title ; and why should the defendant below have been bound to take the property under something more than a suspicion,’ that the conveyance from Schroyer to the plaintiff was tainted with fraud by the 13 Elizabeth ? Because, it is said, it was his duty, if the title was not such as he had bargained for, to give back the possession, and declare bis determination to abandon the contract. And, for not having done so, he is to pay a sound price for an unsound title i I am aware that the taking of possession may be a waiver of objection to the title,…
2Cited by5 opinions
- Silfvast v. AsplundMontana Supreme Court · 1933
- Bloshinski v. FalazSuperior Court of Pennsylvania · 1951
- Swartz, Adm. v. CrumSuperior Court of Pennsylvania · 1933
- Schoonover v. RalstonSuperior Court of Pennsylvania · 1904
- McGrath v. Upper Darby School District, Pennsylvania Court of Common Pleas, Delaware County1952