Witman v. Ely
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Berks county. The plaintiff in error, who was also plaintiff below, sold a tract of land to the defendant at auction.
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ERROR to the Common Pleas of Berks county. The plaintiff in error, who was also plaintiff below, sold a tract of land to the defendant at auction. The written conditions of the sale were, that the highest bidder should be the purchaser; that one thousand dollars should be paid in sixty days from the 14th September, 1814, which was the day of sale ; two thousand dollars on the first day of the foilowing April, and the remainder of the purchase money in two equal annual payments after the said first day of April, with interest from that day ; that the plaintiff’s share of the grain to be put…
1Opinion of the Court
Duncan J.
The act regulating arbitrations of the 20th. March, 1810, 5 Sm. L. 189, prescribes the form of a recognisance, the condition of which is, when entered into by the defendant, that if the plaintiff in the suit shall obtain a judgment as or more favourable than the repQrt of the arbitrators, the defendant shall pay the costs that may accrue in consequence of such appeal, together with the sum or value of the property or thing awarded, with one dollar per day for each and every day that shall be lost by the plaintiff in attending to such appeal.
Two objections are made to this…
2Cited by3 opinions
- Huber v. BurkeSupreme Court of Pennsylvania · 1824
- Ayres v. FisherSupreme Court of Pennsylvania · 1826
- Butcher v. Metts, Pennsylvania Court of Common Pleas, Philadelphia County1836