Bowser v. Cessna
Supreme Court of Pennsylvania
May 11th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. . Error to the Court of Common Pleas of Bedford county: No. 34, to May Term 1869. This was an action of assumpsit brought, December 11th 1867, by John Cessna against Jonathan Bowser. The cause of action arose upon the following facts.
Read the full summary
May 11th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. . Error to the Court of Common Pleas of Bedford county: No. 34, to May Term 1869. This was an action of assumpsit brought, December 11th 1867, by John Cessna against Jonathan Bowser. The cause of action arose upon the following facts. The plaintiff being the owner of certain real estate, exposed it to public sale on the 31st of August 1867, and it was struck down to the defendant for $2600. The terms of sale were, two-thirds of the purchase-money to be paid in hand and the remainder in one year, possession to be…
1Opinion of the Court
The opinion of the court was delivered by
Sharswood, J.
Had this been an action to recover the amount of the purchase-money bid at the sale it would have been open to the objection that it would enforce the specific perform *150anee of a parol contract for the sale of land. It would in effect compel the vendee to take the property by obliging him to pay the full value: Ellett v. Paxson, 2 W. & S. 418. But it is too late to say that a recovery of damages is in any such sense an enforcement of the contract. The 4th section of the English Statute of Frauds and Perjuries, 29 Car. 2, c. 3, prohibiting…
2Cases cited5 opinions
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
- Ewing v. TeesSupreme Court of Pennsylvania · 1808
- Bell v. AndrewsSupreme Court of the United States · 1796
- Ellet v. PaxsonSupreme Court of Pennsylvania · 1841
- Hall v. StoneSuperior Court of New Hampshire · 1815
3Cited by16 opinions
- Stephens v. BarnesSuperior Court of Pennsylvania · 1906
- Dooley v. StillsonSupreme Court of Rhode Island · 1925
- Walter v. TransueSuperior Court of Pennsylvania · 1901
- Pepper v. DeakyneSupreme Court of Pennsylvania · 1905
- Tyson v. EyrickSupreme Court of Pennsylvania · 1891
11 more not listed; retrieve them via the Exa API.