Stokely v. Thompson
Supreme Court of Pennsylvania
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.
Read the full summary
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
- Sparks v. GarriguesSupreme Court of Pennsylvania · 1806
- English v. HarveySupreme Court of Pennsylvania · 1830
- Laflin v. PomeroySupreme Court of Connecticut · 1836
3Cited by5 opinions
- Moll v. LaffertySupreme Court of Pennsylvania · 1930
- Murray v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1940
- Acker v. Provident National BankCourt of Appeals for the Third Circuit · 1975
- Osterling v. Allegheny Trust Co.Supreme Court of Pennsylvania · 1918
- Fred Acker v. Provident National BankCourt of Appeals for the Third Circuit · 1975