Graham v. Pancoast
Supreme Court of Pennsylvania
Appeal in Equity from the Court of Nisi Prius. This was a suit in equity by John Graham and others, the children and grandchildren, devisees of John Graham, deceased, against Stephen Pancoast, Seth Pancoast, and Elizabeth S. Pan-coast, for the rescission and cancellation of an article of agreement for the sale of certain real estate, in West Philadelphia, to Elizabeth S. Paneoast, one of the defendants, alleged to have been obtained from the decedent, on the 31st January…
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Appeal in Equity from the Court of Nisi Prius. This was a suit in equity by John Graham and others, the children and grandchildren, devisees of John Graham, deceased, against Stephen Pancoast, Seth Pancoast, and Elizabeth S. Pan-coast, for the rescission and cancellation of an article of agreement for the sale of certain real estate, in West Philadelphia, to Elizabeth S. Paneoast, one of the defendants, alleged to have been obtained from the decedent, on the 31st January 1854, by fraud, misrepresentation, and undue influence; and also for the redelivery of certain title deeds, and other…
1Opinion of the Court
*97The opinion of the court was delivered by
Strong, J.
— The power of a chancellor to decree the rescission of a contract and order its surrender, though undoubted, is one of the most delicate powers which he is ever called upon to exercise, and is never to be put forth except in a clear case. It is not sufficient to put him in motion that suspicion and distrust have been thrown over a transaction. In such a case he will move neither to rescind a contract, nor to decree its specific performance. There is a wide difference between the sufficient reasons for action in the one ease, and non-action…
2Cases cited2 opinions
- Henderson v. HaysSupreme Court of Pennsylvania · 1834
- Speiglemyer v. CrawfordNew York Court of Chancery · 1837
3Cited by14 opinions
- Snow v. Corsica Construction Co., Inc.Supreme Court of Pennsylvania · 1974
- Welsh Et Ux. v. Ford Et Ux.Supreme Court of Pennsylvania · 1924
- Frey's EstateSupreme Court of Pennsylvania · 1909
- In Re Estate of MihmSupreme Court of Pennsylvania · 1985
- Du Bois Borough v. Du Bois City Water Works Co.Supreme Court of Pennsylvania · 1896
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