Edgar v. Boies
Supreme Court of Pennsylvania
IN ERROR. In the Court of Common Pleas of Beaver county, to which this was a writ of error,, the case was thus: By articles of agreement dated 19th May, .1812, as appeared by the declaration, Boies the plaintiff below, sold to Edgar the defendant, .for the sum of 1,900 dollars, a tract of land, on which mills and other buildings were erected, and agreed to give him immediate possession of the mills, and every thing directly appertaining to them, as well as of a certain house…
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IN ERROR. In the Court of Common Pleas of Beaver county, to which this was a writ of error,, the case was thus: By articles of agreement dated 19th May, .1812, as appeared by the declaration, Boies the plaintiff below, sold to Edgar the defendant, .for the sum of 1,900 dollars, a tract of land, on which mills and other buildings were erected, and agreed to give him immediate possession of the mills, and every thing directly appertaining to them, as well as of a certain house on the premises, with liberty to cut timber, to repair the mills, and the dam; and further covenanted to give…
1Opinion of the CourtGibson, J.
It is at once evident, that the averment of having tendered a conveyance on the 24th December, 1818, or any other day subsequent to the 1st of May, 1813, was immaterial, and one which the plaintiff was not bound to prove. By the articles, he was bound in the alternative to make the conveyance on the 1st of May, 1813, or, as an equivalent, to give security to make it on the 1st of May, 1815. He chose the latter, and fulfilled his covenant by giving the security. As far then as respected his title to sue on the articles, he was under no necessity to execute a conveyance at all; the defendant…
2Cases cited1 opinion
- Jordan v. CooperSupreme Court of Pennsylvania · 1817
3Cited by3 opinions
- Cleveland & Pittsburgh Railroad v. KelleyOhio Supreme Court · 1855
- Linn v. NagleeSupreme Court of Pennsylvania · 1839
- Commonwealth v. ShepardSupreme Court of Pennsylvania · 1832