Dorsey v. Jackman
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Common Pleas of Washington county. It was an action of assumpsit for money had and received, brought by the defendant in error, the plaintiff below, against Dorsey, to recover the amount of the purchase money paid for a tract of land, on the ground that the consideration had failed, the title of the defendant proving to be defective.
Read the full summary
In Error. THIS was a writ of error to the Common Pleas of Washington county. It was an action of assumpsit for money had and received, brought by the defendant in error, the plaintiff below, against Dorsey, to recover the amount of the purchase money paid for a tract of land, on the ground that the consideration had failed, the title of the defendant proving to be defective. It appeared in evidence on the trial, that on the 25th October, 1796, the defendant executed a writing in the following words: “ I do hereby agree to sell and convey to William Jackman, “lot No. 142, in Nicholson’s…
1Opinion of the Court
Tilghman C. J.
This is an action for money had and received, brought by Jackman, the plaintiff below, against Dorsey, the defendant, who had sold and conveyed to the plaintiff, a tract of land, without warranty of any kind. The plain* tiff had paid the purchase money, after which, apprehending the title to be defective, and having made a second purchase from the person in whom he supposed the true title to be vested, he brought this action to recover the money paid on the bad title. The president of the Court of Common Pleas of Washington county, charged the jury in favour of the plaintiff,…
2Cases cited1 opinion
- Boyd v. BopstSupreme Court of the United States · 1785
3Cited by7 opinions
- McCoy v. ArtcherNew York Supreme Court · 1848
- Bushel v. Commonwealth InsuranceSupreme Court of Pennsylvania · 1827
- Winston v. VaughanSupreme Court of Arkansas · 1860
- Kerr v. KitchenSupreme Court of Pennsylvania · 1848
- McCoy v. ArtcherNew York Supreme Court · 1848
2 more not listed; retrieve them via the Exa API.