Legal Opinion

Stokely v. Thompson

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 5 opinions

Error to the Common Pleas of Cfreene county. This was an action of covenant by Samuel Thompson against Samuel Stokely, on articles of agreement for the conveyance of a tract of land on payment of the purchase-money.

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Error to the Common Pleas of Cfreene county. This was an action of covenant by Samuel Thompson against Samuel Stokely, on articles of agreement for the conveyance of a tract of land on payment of the purchase-money. On the 20th March 1833, Sapiuel Stokely, by articles of agreement, sold to Samuel Thompson 200 acres of land in Wayne township, for the sum of $100, payable in instalments, with interest thereon; and covenanted, “ upon full and complete payment of the said sum of money, together with interest, at the times mentioned,” to make to Thompson a deed in fee simple for the land. Thompson…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J.

The defendant purchased a tract of land from the plaintiff, and covenanted to pay for it in annual instalments with interest; “ and upon the full and complete payment of the said sum of money, together with interest, at the times mentioned,” the plaintiff bound himself to make to him a deed in fee simple therefor.

In this action to recover for a breach of covenant by the vendor for not making a deed to the vendee, the defendant, who is the plaintiff in error, set up as a defence that there was a balance of , purchase-money due and unpaid,…

2Cases cited3 opinions

  1. Sparks v. GarriguesSupreme Court of Pennsylvania · 1806
  2. English v. HarveySupreme Court of Pennsylvania · 1830
  3. Laflin v. PomeroySupreme Court of Connecticut · 1836

3Cited by5 opinions

  1. Moll v. LaffertySupreme Court of Pennsylvania · 1930
  2. Murray v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1940
  3. Acker v. Provident National BankCourt of Appeals for the Third Circuit · 1975
  4. Osterling v. Allegheny Trust Co.Supreme Court of Pennsylvania · 1918
  5. Fred Acker v. Provident National BankCourt of Appeals for the Third Circuit · 1975

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