Demarest v. McKee
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of replevin by plaintiff in error against McKee and Magill; but the case resolved itself into an entirely different question in the course of the trial. On the 8th of January, Alexander McKee, agreed to sell T. J. Coleman (who afterwards assigned to Demarest) three acres of land for $2400, $400 of which was to be paid in cash, and $2000 in the stock of the Chartiers Coal Company.
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Error to the District Court of Allegheny county. This was an action of replevin by plaintiff in error against McKee and Magill; but the case resolved itself into an entirely different question in the course of the trial. On the 8th of January, Alexander McKee, agreed to sell T. J. Coleman (who afterwards assigned to Demarest) three acres of land for $2400, $400 of which was to be paid in cash, and $2000 in the stock of the Chartiers Coal Company. The debt was presently payable. The coal company failed, and Demarest purchased all its property at sheriff’s sale, and its stock became worthless;…
1Opinion of the Court
The opinion of the court was delivered, March 14th, 1859, by
Lowrie, C. J.
— Without admitting, we may assume that there is here a contract of sale that equity would enforce, if properly performed by the party asking its enforcement; and that it might, in such circumstances, be set up as title against the vendor’s right of distress under a former lease; and this brings us to the question, would equity enforce the contract under this evidence.
It was made in December, 1853, and the chief consideration was $2000 in stock of the Chartiers Coal Company. No time was fixed for payment, and therefore…
2Cited by3 opinions
- Dyer v. WightmanSupreme Court of Pennsylvania · 1870
- Harrison v. AtleeSuperior Court of Pennsylvania · 1909
- Rhone v. Keystone Coal Co.Supreme Court of Pennsylvania · 1915