Patterson v. Martz
Supreme Court of Pennsylvania
ERROR to the common pleas of Northumberland county. George Patterson against Benjamin Martz and others. Ejectment for a tract of land. The case was this: Peter Dimmich being the owner of a tract of land, on or about the 1st of November 1829, entered into a parol contract with Samuel J. Packer, to sell it to him for 800 dollars, if Packer would comply on his part by the next December.
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ERROR to the common pleas of Northumberland county. George Patterson against Benjamin Martz and others. Ejectment for a tract of land. The case was this: Peter Dimmich being the owner of a tract of land, on or about the 1st of November 1829, entered into a parol contract with Samuel J. Packer, to sell it to him for 800 dollars, if Packer would comply on his part by the next December. On the 16th of November 1829, Dimmich entered into a written coutract with George Patterson, the plaintiff, to sell and convey to him the land for 1400 dollars, 50 of which was paid on the execution of the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
If, as the evidence seems to show, Dimmich had previously agreed to convey to Packer, at a day still to come, a chancellor would refuse to execute the plaintiff’s intermediate purchase, for the reason that no assistance is ever given to one who claims by a contract which originated in a breach of faith. In Cooth v. Jackson, 6 Ves. 17, the agreement grew out of improper disclosures of the contents of depositions taken by commissioners; and Lord Eldon dismissed the bill, though the blame was not imputable to the plaintiff. On the same…
2Cited by5 opinions
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- Bonner v. Randal, Pennsylvania Court of Common Pleas, Montgomery County1925