Banes v. Gordon
Supreme Court of Pennsylvania
In error from the Common Pleas of Bucks. Dec. 26. This was an action by an administrator to recover the difference between the price at tvhich the defendants’ intestate purchased certain real estate sold under order of the Orphans’ Court, and that which the property brought on a re-sale. The first point made was, that the sale had been set aside, and hence the defendants were discharged.
Read the full summary
In error from the Common Pleas of Bucks. Dec. 26. This was an action by an administrator to recover the difference between the price at tvhich the defendants’ intestate purchased certain real estate sold under order of the Orphans’ Court, and that which the property brought on a re-sale. The first point made was, that the sale had been set aside, and hence the defendants were discharged. But the fact was, that on the petition of the plaintiff, setting forth the non-compliance by the purchaser, the court, upon a rule taken on defendants, had annulled the order of confirmation, and granted an…
1Opinion of the CourtRogers, J.
Had the court below undertaken to annul the sale, as the plaintiff in error erroneously supposes, the plaintiff would have had no right of action, for that would clearly be a rescisión of the contract at his instance; but the order of the court is confined to annulling the confirmation of sale, and this was necessary before a re-sale could be had. The order was on notice to the defendants, and without objection on their part. Had they appeared at the hearing, and complied or offered to comply with the conditions of sale, the rule would without doubt have been discharged by the court. After…
2Cases cited1 opinion
- Paul v. ShallcrossSupreme Court of Pennsylvania · 1830
3Cited by6 opinions
- Goodritz v. McMahonSuperior Court of Pennsylvania · 1916
- Ramsay v. HerskerSupreme Court of Pennsylvania · 1893
- Commonwealth v. Doubleday-Hill Electric Co.Supreme Court of Pennsylvania · 1909
- Ludwig's EstateSuperior Court of Pennsylvania · 1920
- Bruff v. StoopsSuperior Court of Pennsylvania · 1918
1 more not listed; retrieve them via the Exa API.