Legal Opinion

Evans v. See

Supreme Court of Pennsylvania

Decided July 1, 1854PublishedCited by 4 opinions

Error to the District Court, Philadelphia. This was an action on the ease, by R. T. Evans v. R. C. See and C. Remington, brought on 10th September, 1852. The writ was served on See only. It was brought to recover $380.83, portion of the purchase-money of a house and lot on Market street, Philadelphia, sold by Evans to them on the 17th October, 1835. The lot was subject to a ground-rent of $30 per annum.

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Error to the District Court, Philadelphia. This was an action on the ease, by R. T. Evans v. R. C. See and C. Remington, brought on 10th September, 1852. The writ was served on See only. It was brought to recover $380.83, portion of the purchase-money of a house and lot on Market street, Philadelphia, sold by Evans to them on the 17th October, 1835. The lot was subject to a ground-rent of $30 per annum. The rent was paid till 1820, but was in arrear from 1820 till 1835. The arrears till 1835, were stated at $450; taxes were deducted, and the balance was $380.83, which amount, by a paper of…

1Opinion of the Court

The opinion of the Court was delivered by

Woodward, J.

One man sells a house and lot to another, and leaves $380.83 of the price in the hands of the purchaser, to meet an outstanding lien of that amount. More than six years after-wards, the vendor, being sued for it, pays off the lien, and within a year thereafter brings an action of assumpsit against his vendee to recover the sum left in his hands, now no longer needed to be retained, the lien against which it was indemnity having been extinguished. It would seem to be a clear dictate of natural justice that such a plaintiff should be…

2Cited by4 opinions

  1. Stucker v. ShumakerSupreme Court of Pennsylvania · 1927
  2. Parker-Washington Co. v. Kansas CityCourt of Appeals for the Eighth Circuit · 1930
  3. Smith v. SmithSuperior Court of Pennsylvania · 1908
  4. Ernest v. WibleSuperior Court of Pennsylvania · 1899

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