Fisher v. Worrall
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Perry county. Charles Worrall against William Logan Fisher. This was an action of covenant, in which the plaintiff, the vendor, sought to recover a judgment in execution specifically of an agreement for the sale of a tract of land, which is thus set forth in his declaration : William Logan Fisher was summoned to answer Charles Worrall of a plea that he hold to him the covenants between them made, according to the force, form and effect of certain…
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ERROR to the Common Pleas of Perry county. Charles Worrall against William Logan Fisher. This was an action of covenant, in which the plaintiff, the vendor, sought to recover a judgment in execution specifically of an agreement for the sale of a tract of land, which is thus set forth in his declaration : William Logan Fisher was summoned to answer Charles Worrall of a plea that he hold to him the covenants between them made, according to the force, form and effect of certain articles of agreement between them made, &c., and whereupon the said Charles Worrall, by his attorney, saith: That…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The verdict, in this instance, is avowedly for the price of the land; but there is a vice in it, as well as in the cause of action, which must eventually preclude a recovery. Defence upon equitable grounds may be taken to an action for purchase money even at common law; and with greater reason it may be taken to such an action where it is employed to perform the office of a bill for specific execution. The first inquiry, then, is, what would a chancellor decree on all the circumstances of the case disclosed by the evidence ?
The decisions…
2Cases cited1 opinion
- Clark v. SeirerSupreme Court of Pennsylvania · 1838
3Cited by22 opinions
- Emery v. Third Nat. Bank of Pbg.Supreme Court of Pennsylvania · 1932
- Emery v. Third Nat. Bk. of PittsburghSupreme Court of Pennsylvania · 1934
- Lake v. ThompsonSupreme Court of Pennsylvania · 1951
- Butcher v. NewburgerSupreme Court of Pennsylvania · 1935
- Smalley v. MorrisSupreme Court of Pennsylvania · 1893
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