Speakman v. Forepaugh
Supreme Court of Pennsylvania
Certificate from the Court at Nisi Prius. In Equity. This was a bill filed by Thomas II. Speakman, for the specific performance of an agreement for the purchase from him by William F. Forepaugh, of a lot of ground in the city of Philadelphia. Upon bill, answer, and replication being filed, an examiner was appointed to take testimony.
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Certificate from the Court at Nisi Prius. In Equity. This was a bill filed by Thomas II. Speakman, for the specific performance of an agreement for the purchase from him by William F. Forepaugh, of a lot of ground in the city of Philadelphia. Upon bill, answer, and replication being filed, an examiner was appointed to take testimony. The report of the examiner being filed, and the cause called for argument, the court referred the whole subject to Samuel C. Perkins as master to make report thereon, and also to report the form of a decree. The master, reported a decree dismissing the bill with…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The article of agreement, standing by itself, bound the complainant _ to make a good title to the defendant. Such was its legal effect, and unless the defendant has waived the rights assured to him by it, he may insist upon such a title both in a court of law and in a court of equity. But when a vendor goes into a court of equity and asks for a decree that his vendee by articles shall specifically perform the agreement, he is bound to offer a title that is more than what the court may pronounce good. That is sufficient for a court of law,…
2Cases cited1 opinion
- Bumberger v. ClippingerSupreme Court of Pennsylvania · 1843
3Cited by14 opinions
- Black v. American International Corp.Supreme Court of Pennsylvania · 1919
- Evans v. TaylorSupreme Court of Pennsylvania · 1896
- Moyer v. Devincentis Con. Co.Superior Court of Pennsylvania · 1932
- Ritter v. HillSupreme Court of Pennsylvania · 1924
- Herman v. SomersSupreme Court of Pennsylvania · 1893
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