Ley v. Huber
Supreme Court of Pennsylvania
ERROR to the common pleas of Lebanon county. Debt on bond not exceeding 2000 dollars, by John Huber against Christian Ley’s administrators. The defence was, that the bond was given in consideration of a conveyance of land by the plaintiff to the defendant. Many questions were raised in the court below, but only one was presented to and settled by this court.
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ERROR to the common pleas of Lebanon county. Debt on bond not exceeding 2000 dollars, by John Huber against Christian Ley’s administrators. The defence was, that the bond was given in consideration of a conveyance of land by the plaintiff to the defendant. Many questions were raised in the court below, but only one was presented to and settled by this court. At the time the contract was made, one of the tracts of land had been sold as unseated for taxes, and a deed made Jo the purchaser, but the time for redemption had not passed by. The defendant contended, that this fact, of the vendor…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Had there been fraud or failure of the principal inducement to the contract, the defendants might have disaffirmed it; and the defence on that ground was fairly put to the jury on the matter of fact, with direction, in case it should be found for the plaintiff, to give him the price of the land for which he was ready to make a title at the trial, subject to the recovery of costs by the defendants; and undoubtedly their previous tender and demand of the title gave them a right to no more.
There is another point on which the direction might…
2Cited by6 opinions
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- Mussleman's AppealSupreme Court of Pennsylvania · 1870
- Gray v. SmithU.S. Circuit Court for the District of Northern California · 1896
- Chrisman v. ParteeSupreme Court of Arkansas · 1881
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