Haverstick v. Erie Gas Co.
Supreme Court of Pennsylvania
Error, to the Court of Common Pleas of Erie county. Henry P. Haverstick, on the 25th day of July, 1853, purchased a lot in the city of Erie, from “ The Erie Gras Company,” for $1500, and paid the whole of the money on the day of the purchase.
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Error, to the Court of Common Pleas of Erie county. Henry P. Haverstick, on the 25th day of July, 1853, purchased a lot in the city of Erie, from “ The Erie Gras Company,” for $1500, and paid the whole of the money on the day of the purchase. The defendants entered into contract under seal, by which they covenanted and agreed to make, execute, and deliver to the plaintiff a good and sufficient deed of conveyance of the said lot, in fee simple, clear of all encumbrances, on or before the 1st day of November, 1853. There was nothing mentioned in the contract as to when possession was to be…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, J.
In strict law this covenant was broken by the defendant’s failure to deliver the deed at the time therein specified, and then the plaintiff had a right to his action- of covenant to recover back his money paid and damages. It is equity that intervenes and allows the defendants still to perform their covenant, on payment of compensation for their negligence, and declares that the time of the performance ought to be regarded as immaterial when there has been no serious change of circumstances affecting the contract, and when the party…
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