Baney v. Killmer
Supreme Court of Pennsylvania
Upon error to the Common Pleas of Berks, the case was thus: Killmer, the defendant in error, brought an action of debt against the plaintiffs in error, on the following note or bill single, signed and sealed by them, to wit:— “ On the 1st day of April, 1842, 'we promise jointly and severally to pay unto Nicholas Killmer, or to his heirs or assigns, the sum of five hundred dollars, without defalcation for value received.
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Upon error to the Common Pleas of Berks, the case was thus: Killmer, the defendant in error, brought an action of debt against the plaintiffs in error, on the following note or bill single, signed and sealed by them, to wit:— “ On the 1st day of April, 1842, 'we promise jointly and severally to pay unto Nicholas Killmer, or to his heirs or assigns, the sum of five hundred dollars, without defalcation for value received. The condition thereof to be part payment of the purchase money, which we are to pay for the farm bought of said Killmer this day. Should we, however, not comply with the…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J,'
Was the notice given by the vendees, that they would not receive a conveyance, a proposal to rescind the contract from the beginning; and was the vendor’s consequent resale of the land an acceptance of it? Were the plaintiff before the court in the attitude of a vendor seeking specific execution, his conduct would certainly bar him. As was said in Ley v. Huber, 3 Watts, 368, a chancellor is deaf to one who was not the owner at the time of the bargain: much less would he attempt to execute a contract which the complainant has rendered…
2Cited by5 opinions
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