Dech's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Northampton coimty: In Equity: No. 863, to January Term 1868. This proceeding was commenced by bill filed May 18th 1867, by Solomon Dech against John Seem, for the specific performance of a contract made November 20th 1866, by which it was agreed that— “ The said Solomon Dech, for the consideration hereinafter mentioned, doth covenant and agree with the said John Seem, his heirs and assigns, by these presents, that he the said Solomon…
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Appeal from the Court of Common Pleas of Northampton coimty: In Equity: No. 863, to January Term 1868. This proceeding was commenced by bill filed May 18th 1867, by Solomon Dech against John Seem, for the specific performance of a contract made November 20th 1866, by which it was agreed that— “ The said Solomon Dech, for the consideration hereinafter mentioned, doth covenant and agree with the said John Seem, his heirs and assigns, by these presents, that he the said Solomon Dech shall and will on or before the 1st day of April 1867, at the proper cost and charge of both parties, by such deed…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
In view of all the circumstances of this case,'it is one in which a chancellor would not decree specific performance, but would leave the plaintiff to his action at law to recover the purchase-money claimed. The covenant of Solomon Dech was well and sufficient, to grant, convey and assure the undivided half of the premises to John Seem, in fee simple, clear of all encumbrance, by such deed of conveyance to Seem as his counsel learned in the law should advise. Though there was no express covenant to deliver possession, undoubtedly the deed…
2Cases cited2 opinions
- Crest v. JackSupreme Court of Pennsylvania · 1834
- Givens v. M'CalmontSupreme Court of Pennsylvania · 1835
3Cited by11 opinions
- Heights Land Co. v. Swengel's EstateSupreme Court of Pennsylvania · 1935
- Trachtenburg v. Sibarco Stations, Inc.Supreme Court of Pennsylvania · 1978
- Harris v. DawsonSupreme Court of Pennsylvania · 1978
- Fassitt v. SeipSupreme Court of Pennsylvania · 1915
- Dorff v. SchmunkSupreme Court of Pennsylvania · 1900
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