Finley v. Aiken
Supreme Court of Pennsylvania
In Chancery. — Appeal from the decree of the District Court of Allegheny county. Complainant’s bill charges — That an agreement was made May 10,1851, between Levi Einley and John Aiken, for the sale, by Einley to Aiken, of two lots in Pittsburgh, for the sum of ■ $6000. Deed and possession to be given October 1, 1851, when $2000 was to be paid, and $4000 secured by bond and mortgage on the premises, payable in four annual instalments of $1000 each, on the 1st days of…
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In Chancery. — Appeal from the decree of the District Court of Allegheny county. Complainant’s bill charges — That an agreement was made May 10,1851, between Levi Einley and John Aiken, for the sale, by Einley to Aiken, of two lots in Pittsburgh, for the sum of ■ $6000. Deed and possession to be given October 1, 1851, when $2000 was to be paid, and $4000 secured by bond and mortgage on the premises, payable in four annual instalments of $1000 each, on the 1st days of October, 1852-3-4 and 1855, with interest payable semi-annually from October 1, 1851. Policy of insurance on the buildings and…
1Opinion of the Court
The opinion of the court was delivered
by Lowrie, J.
— The first question here is, may specific performance be decreed under our law of a contract for the sale of land, at the suit of the vendor against the vendée ?
The law which is supposed to give this remedy has existed for nearly twenty years, and the courts and the profession have, during all that time, received and acted upon it as being, without doubt, intended to give it. 1 W. & S. 554; 15 State R. 429; 21 Ib. 50; Brightly’s R. 135; 1 Parsons, 37, 422.
If we have been in error in this, then all such decrees made in the Common Pleas of…
2Cases cited5 opinions
- Livingston v. LivingstonNew York Court of Chancery · 1822
- Jarden v. Philadelphia, Wilmington & Baltimore Rail RoadSupreme Court of Pennsylvania · 1838
- Wilson v. ClarkeSupreme Court of Pennsylvania · 1841
- Dalzell v. Crawford, Pennsylvania Court of Common Pleas, Philadelphia County1842
- Patterson v. MartzSupreme Court of Pennsylvania · 1839
3Cited by7 opinions
- Jarden v. Philadelphia, Wilmington & Baltimore Rail RoadSupreme Court of Pennsylvania · 1838
- Dorff v. SchmunkSupreme Court of Pennsylvania · 1900
- State ex rel. Mooney v. EdwardsSupreme Court of New Jersey · 1889
- Demars v. KoehlerSupreme Court of New Jersey · 1897
- Peter v. Middlesex & Somerset Traction Co.Supreme Court of New Jersey · 1903
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