Lighty v. Shorb
Supreme Court of Pennsylvania
Writ of Error to the Common Pleas of Centre county. This action was brought by William Lighty for the use of George B. Engles against Anthony Shorb. The plaintiff, to support his action, gave in evidence the following draft: Penn’a. Furnace, July 8, 1830. Barnet and Shorb, Pittsburg, Please to pay Wm. Lighty, seven hundred and fifty-eight dollars, on the first of August, for a tract of land purchased from him. @758. A. Shorb. On the 21 July, Í830, Ji.
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Writ of Error to the Common Pleas of Centre county. This action was brought by William Lighty for the use of George B. Engles against Anthony Shorb. The plaintiff, to support his action, gave in evidence the following draft: Penn’a. Furnace, July 8, 1830. Barnet and Shorb, Pittsburg, Please to pay Wm. Lighty, seven hundred and fifty-eight dollars, on the first of August, for a tract of land purchased from him. @758. A. Shorb. On the 21 July, Í830, Ji. Shorb gave notice to William Lighlj/ that the draft wo’Uld not be paid. The defendant; to suppo'rt the issue; on the plea of payment with…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Caveat emptor is a maxim which enters into every purchase, where the contrary is not stipulated; and equity cannot relieve against it, because it cannot relieve against the common law or the terms of a bargain. The contract, however, is considered to be in fieri while it remains unexecuted by a conveyance, the final.accomplishment and consummation of all previous stipulations; after which, the purchase money may not be detained, according to the English law, or recovered back, but by force of a'covenant or fraud, for any incumbrance or…
2Cases cited4 opinions
- Hart v. Executors of PorterSupreme Court of Pennsylvania · 1819
- Dorsey v. JackmanSupreme Court of Pennsylvania · 1814
- Poke v. KellySupreme Court of Pennsylvania · 1825
- Christy v. ReynoldsSupreme Court of Pennsylvania · 1827
3Cited by1 opinion
- McGill v. JordanU.S. Circuit Court for the District of Eastern Pennsylvania · 1884