Roland v. Tiernan
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia to March Term 1841. Case brought on a promissory note by Francis Tiernan against Henry Roland and Thomas Blackstone, executors and trustees of Catharine Yohe deceased.
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ERROR to the District Court for the city and county of Philadelphia to March Term 1841. Case brought on a promissory note by Francis Tiernan against Henry Roland and Thomas Blackstone, executors and trustees of Catharine Yohe deceased. The plaintiff showed an agreement dated 18th September 1839, by which he agreed to purchase from the trustees of Dr Blackwell deceased a property situate at the four corners of Broad and Federal streets, containing 11 acres more or less, for $40,000; $1000 payable in cash, $9000 on or before the 15th November next; the balance, $30,000, to be secured upon the…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Lighty v. Shorb contains the expression of a prin*196ciple which rules the case before us. It was said that where nothing but prompt payment would stand with the contemporaneous understanding of the parties, the purchase money is not to be detained as a security for defects in the title subsequently discovered; and that their intention is to be ascertained by the nature of the transaction and the character of the security. The principle is a wholesome one, and consonant to the intention from which their responsibilities proceed. By the terms…
2Cited by2 opinions
- Roberts's AppealSupreme Court of Pennsylvania · 1880
- Garrett v. CrossonSupreme Court of Pennsylvania · 1859