Richardson v. Kuhn
Supreme Court of Pennsylvania
ERROR to the common pleas of Tioga county. Hartman Kuhn and Charles Kuhn against Thomas Richardson, . Ejectment for a tract of land.
Read the full summary
ERROR to the common pleas of Tioga county. Hartman Kuhn and Charles Kuhn against Thomas Richardson, . Ejectment for a tract of land. The plaintiffs having shown a contract of the 11th of August 1839, between them and the defendant for the sale and purchase of the land, and having read the writ and return on the same, And the counsel for the defendant having called on them to show that the land described in the writ is the same, that is mentioned in the contract: — they offered to prove by John Norris, that it is the same land, and that more land is described in the writ than is mentioned in…
1Per curiam
There is nothing in the objection to the plaintiffs’ evidence; but it is impossible to discover an available objection to the evidence offered by the defendant. The action is to enforce the payment of purchase money; and the plaintiffs insist, that the defendant is bound to pay, or surrender the possession obtained under the articles. He may be bound to do neither. The articles have not been exhibited to us; but it is to be presumed that he bargained for a title, and should it appear that it is not in the plaintiff’s power to make it, they may not call on him to turn out without rescinding…
2Cited by5 opinions
- Walker v. FranceSupreme Court of Pennsylvania · 1886
- Willis v. WozencraftCalifornia Supreme Court · 1863
- Erwin v. MyersSupreme Court of Pennsylvania · 1863
- Jackson v. McGinnessSupreme Court of Pennsylvania · 1850
- Wheeling, Pittsburgh & Baltimore R. R. v. GourleySupreme Court of Pennsylvania · 1881