Moore v. Shelly
Supreme Court of Pennsylvania
ERROR to the common pleas of Schuylkill county. Gaius Moore, the plaintiff in error, who was also the plaintiff below, brought this action in the court of common pleas of Schuylkill' county, against Joseph Shelly, the defendant, to recover damages on account of his having refused to perforin his covenants made with the plaintiff, according to certain articles of agreement mutually sealed and delivered between them, on the 4th day of February 1832. By the articles of…
Read the full summary
ERROR to the common pleas of Schuylkill county. Gaius Moore, the plaintiff in error, who was also the plaintiff below, brought this action in the court of common pleas of Schuylkill' county, against Joseph Shelly, the defendant, to recover damages on account of his having refused to perforin his covenants made with the plaintiff, according to certain articles of agreement mutually sealed and delivered between them, on the 4th day of February 1832. By the articles of agreement the plaintiff, for the consideration of 3700 dollars, to be paid by the defendant in the manner therein mentioned, did…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
I take it to be well settled, that the situation of a party who enters into an agreement for the sale of'real estate, and binds himself to make an indefeasible title for it to the purchaser at a given day, must be such as to show that he has it in his power to do so. If there be incumbrances upon it at the time of the agreement, but such in their nature as the vendor can-remove at his own will and pleasure by the time that he has bound himself to make the title to the purchaser for the properly clear of incumbrances; and the purchase money,…
2Cases cited1 opinion
- Hampton v. SpeckenagleSupreme Court of Pennsylvania · 1823
3Cited by3 opinions
- Durham v. WickSupreme Court of Pennsylvania · 1904
- Bell v. KennedySupreme Court of Pennsylvania · 1882
- Blumberg v. DiMARCOSuperior Court of Pennsylvania · 1963