Decamp v. Feay
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Westmore- ,. j lutld County* This was an action of covenant by Feay, who was the plaintiff below, on articles of agreement, dated 17th Ausrust, r . * * i 7~\ ° , _ d 1 1815, by which, Decamp, covenanted to convey to leay, tract of land. By the agreement, Feay was to pay g 4000, that is to say, g 50, on making the agreement; § 450, on tile 16th September, ensuing, and g 1500, on the 1st April, following.
Read the full summary
In Error. ERROR to the Court of Common Pleas of Westmore- ,. j lutld County* This was an action of covenant by Feay, who was the plaintiff below, on articles of agreement, dated 17th Ausrust, r . * * i 7~\ ° , _ d 1 1815, by which, Decamp, covenanted to convey to leay, tract of land. By the agreement, Feay was to pay g 4000, that is to say, g 50, on making the agreement; § 450, on tile 16th September, ensuing, and g 1500, on the 1st April, following. As soon as these sums should be paid, Decamp, was to execute a conveyance, and the remaining sum of g 2000, was to be paid by instalments,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
I am’clear that it was not in the power of the defendant below to rescind the contract. Where time admits of compensation, as it perhaps always does where lapse of *326it arises from money not having been paid at a particular day, it is never an essential part of the agreement. Neither do I consider, that the subsequent agreement, by which the parties stipulated, that if the whole sum should not be paid at a certain day, the payment then made should be forfeited, and the original bargain be at an end, gave the defendant any additional right to…
2Cited by6 opinions
- Miller v. SteenCalifornia Supreme Court · 1866
- Quinn v. RoathSupreme Court of Connecticut · 1870
- Feay v. DecampSupreme Court of Pennsylvania · 1826
- Hawk v. GeddisSupreme Court of Pennsylvania · 1827
- Hawk v. GeddisSupreme Court of Pennsylvania · 1827
1 more not listed; retrieve them via the Exa API.