Purviance v. Lemmon
Supreme Court of Pennsylvania
IN ERROR. In the Court of Common Pleas of Butler county, two suits were brought to January Term, 1821, by Robert Lemmon, the plaintiff below', and defendant in error, against William Purviance, in debt, to recover the amount of two single bills given by the defendant to the plaintiff; one for one hundred dollars, and the other for fifty dollars.
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IN ERROR. In the Court of Common Pleas of Butler county, two suits were brought to January Term, 1821, by Robert Lemmon, the plaintiff below', and defendant in error, against William Purviance, in debt, to recover the amount of two single bills given by the defendant to the plaintiff; one for one hundred dollars, and the other for fifty dollars. These two actions were consolidated by the agreement of the parties, and the following case was stated for the opinion of the court, in the nature of a special ierdict. The defendant, on the 10th of August, 1814, purchased of the plaintiff, by an…
1Opinion of the CourtGibson, C. J.
The plaintiff below entered into articles for the sale of a lot to the defendant, and took obligations for the purchase money. Several of these being paid, a judgment creditor sells the defendant’s interest at sheriff’s sale, to a person who in turn sells it to the plaintiff, the original vendor; and this suit being brought for the residue of the purchase money, it is said the re-acquirement of the equitable interest by the vendor, does not work a dissolution of the contract. At law it certainly does not; but the action for purchase money being open to equitable objections, the inquiry will…
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