Farmers' & Mechanics' Bank v. Galbraith
Supreme Court of Pennsylvania
In error from the Common Pleas of Cumberland. From the special verdict in this case,.it appeared that the bank* being the owner of a large tract, procured the same, to-be divided, and a draft made, on which the quantities contained in each tract were written. The land was then exposed to sale, the draft being exhibited to the purchasers. Plaintiff purchased one of the ■tracts, at $17.50 per acre. A conveyance was made, and the price paid.
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In error from the Common Pleas of Cumberland. From the special verdict in this case,.it appeared that the bank* being the owner of a large tract, procured the same, to-be divided, and a draft made, on which the quantities contained in each tract were written. The land was then exposed to sale, the draft being exhibited to the purchasers. Plaintiff purchased one of the ■tracts, at $17.50 per acre. A conveyance was made, and the price paid. Within five years .from the sale, it was discovered there was a deficiency in the quantity. This was occasioned by the surveyor having made his calculations…
1Opinion of the CourtGibson, C. J.
The execution of a conveyance is the consummation of a purchase; after which, the parties have no recourse to each other, except for imposition or fraud. Such is the rule established by Bailey v. Snyder, 13 S. & R. 160, and several other cases, in which it was ruled, that when a conveyance has been made, without a survey, and a bond taken for the purchase-money, the contract is definitively closed, except where the actual quantity differs so grossly from the estimate as to be evidence of deceit. Here, it is conceded, that there was no deceit, and’that the difference was produced by the…
2Cases cited1 opinion
- Cronister v. CronisterSupreme Court of Pennsylvania · 1841
3Cited by7 opinions
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Morris Brothers Lumber Company v. David E. Eakin, Frances B. Eakin, John L. Eakin, Jr., Also Known as Lester Eakin, and Mary Louise EakinCourt of Appeals for the Third Circuit · 1959
- Namy v. BlackSupreme Court of Pennsylvania · 1951
- Mathias v. MathiasSupreme Court of Iowa · 1914
- Landreth v. HowellSuperior Court of Pennsylvania · 1904
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