Garrard v. Lantz ex rel. Anderson
Supreme Court of Pennsylvania
Error to the Common Pleas of Greene. Nov. 1. This was an action of covenant brought by Lot Lantz, for the use of Levi Anderson and others, against Jonathan Garrard. It appeared that on 10th January, 1839, Lantz and Garrard entered into articles of agreement, by which for $7500 Lantz agreed to make to Garrard, on 1st August, 1840, a deed of general warranty for certain lands, described in the articles as containing 300 acres.
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Error to the Common Pleas of Greene. Nov. 1. This was an action of covenant brought by Lot Lantz, for the use of Levi Anderson and others, against Jonathan Garrard. It appeared that on 10th January, 1839, Lantz and Garrard entered into articles of agreement, by which for $7500 Lantz agreed to make to Garrard, on 1st August, 1840, a deed of general warranty for certain lands, described in the articles as containing 300 acres. Of this purchase-money, $2000 were to be paid on the 1st April, and $1000 on the 1st October ensuing, and the balance in equal annual payments of $1000 each, except the…
1Opinion of the Court
*192The opinion of this Court was delivered by
Bell, J.
We think it is impossible to distinguish this from the similar cases that have preceded it, by any course of sound reasoning. Like the defences set up in Todd v. Gallagher, 16 S. & R. 261, Harper v. Jefferies, 5 Wh. 26, McGinnis v. Noble, 7 W. & S. 454, Ganz v. Renshaw, 7 Barr, 119, and Dentler v. Brown, 1 Jones, 295, that assumed here is purely equitable, and, resting on considerations of honesty and fair dealing, measures the relief to which the vendee is entitled by the expenditure to which he has been subjected as a consequence of the…
2Cases cited2 opinions
- M'Ginnis v. NobleSupreme Court of Pennsylvania · 1844
- Harper v. JeffriesSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Warner Bros. Theatres, Inc. v. ProffittSupreme Court of Pennsylvania · 1938
- Boyd v. McCulloughSupreme Court of Pennsylvania · 1890
- Manzer v. WycoffSuperior Court of Pennsylvania · 1922