Bitner v. Brough
Supreme Court of Pennsylvania
Error to the Common Pleas of Eranldin. June 14. This was an action of covenant brought by Andrew Brough against Christian Bitner, on articles of agreement for the purchase and sale of land. Bitner covenanted to sell and convey to Brough for $9,000, of which $5,000 was payable on 1st April, 1847, “when a good and sufficient deed clear of encumbrances was to be made and delivered,” and the residue was to be paid in five equal annual instalments.
Read the full summary
Error to the Common Pleas of Eranldin. June 14. This was an action of covenant brought by Andrew Brough against Christian Bitner, on articles of agreement for the purchase and sale of land. Bitner covenanted to sell and convey to Brough for $9,000, of which $5,000 was payable on 1st April, 1847, “when a good and sufficient deed clear of encumbrances was to be made and delivered,” and the residue was to be paid in five equal annual instalments. It was also agreed that Bitner’s wife should get $5 for signing the deed. And it was further agreed that Brough should apply the hand money and the “…
1Opinion of the Court
The opinion of this court was delivered by
Rogers, J.
It is scarcely an open question that, upon the refusal or inability of a vendor to execute a deed clear of all encumbrances, including the wife’s dower, the vendee has a right of action to recover at least nominal, or, as the case may be, compensatory damages. Nor will it alter the case, that the contingent right of *137dower was known to the vendee when he bargained for the land, and that, as here, he covenanted to pay her for signing the deed. This cannot, as has been contended, have the effect of making him take the risk on himself. Nor does…
2Cited by19 opinions
- Rineer v. CollinsSupreme Court of Pennsylvania · 1893
- Seidlek v. BradleySupreme Court of Pennsylvania · 1928
- Eberz v. HeislerSuperior Court of Pennsylvania · 1900
- Stephens v. BarnesSuperior Court of Pennsylvania · 1906
- Einfeld v. ShermerSuperior Court of Pennsylvania · 1914
14 more not listed; retrieve them via the Exa API.