Legal Opinion

Nicol v. Carr

Supreme Court of Pennsylvania

Decided July 1, 1860PublishedCited by 8 opinions

Error to the Common Pleas of Susquehanna county. This .was an action of covenant by Robert Nicol against Thomas Carr to recover the sum of $8620, due on articles of agreement, dated the 21st February 1859, for the sale by the plaintiff to the defendant of a tavern stand, barn, and lot of ground in the borough of Susquehanna Depot, and also the furniture of the tavern.

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Error to the Common Pleas of Susquehanna county. This .was an action of covenant by Robert Nicol against Thomas Carr to recover the sum of $8620, due on articles of agreement, dated the 21st February 1859, for the sale by the plaintiff to the defendant of a tavern stand, barn, and lot of ground in the borough of Susquehanna Depot, and also the furniture of the tavern. By this agreement, the plaintiff covenanted to give the defendant a good and sufficient deed for the premises therein described, on or before the 1st April next. The defendant pleaded that the plaintiff had not and could not…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

—

The plaintiff covenanted to make a good and sufficient title to the defendant, in consideration of the purchase-money agreed by the latter to be paid. Such as he could make has not been accepted, and therefore the agreement is still executory. This is an action at law upon the agreement, to recover the purchase-money, but under our blended system of law and equity, it is to be treated upon equitable principles. It is quite apparent, that to allow1 the plaintiff to recover, would be, in effect, to decree specific performance of the…

2Cases cited2 opinions

  1. Withers v. BairdSupreme Court of Pennsylvania · 1838
  2. Stoddart v. SmithSupreme Court of Pennsylvania · 1812

3Cited by8 opinions

  1. Black v. American International Corp.Supreme Court of Pennsylvania · 1919
  2. Bashford v. West Miami Land Co.Supreme Court of Pennsylvania · 1928
  3. Heights Land Co. v. Swengel's EstateSupreme Court of Pennsylvania · 1935
  4. Harris v. DawsonSupreme Court of Pennsylvania · 1978
  5. Holmes v. WoodsSupreme Court of Pennsylvania · 1895

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