Cadwalader v. Tryon
Supreme Court of Pennsylvania
Error to the Common Pleas of Orawford county. This was a feigned issue to try whether the consideration of a judgment in the Common Pleas of Crawford county, to April Term 1849, No. 141, in favour of Thomas Cadwalader, against James Tryon, for $1834.50, had failed in whole or in part.
Read the full summary
Error to the Common Pleas of Orawford county. This was a feigned issue to try whether the consideration of a judgment in the Common Pleas of Crawford county, to April Term 1849, No. 141, in favour of Thomas Cadwalader, against James Tryon, for $1834.50, had failed in whole or in part. The case was this: On the 29th of February 1832, the plaintiff, who lived in New Jersey, by his agent, John Reynolds, contracted in writing with the defendant for the sale of a tract of land in the “seventh donation district,” containing 500 acres and allowance, more or less, for $1250, payable in instalments.…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— The defendant in error, who was also the defendant below, claims a deduction from the purchase-money he had covenanted to pay to the plaintiff, for a certain lot or tract of donation land in Crawford county, on account of failure of title to a small portion of it.
/ The main matter to be determined here is the effect of the 'words of the agreement, whether they imply a covenant to convey by general or special warranty. They are, that upon payment of the purchase-money by the vendee, the vendor “ will well and sufficiently grant, convey,…
2Cases cited2 opinions
- Withers v. BairdSupreme Court of Pennsylvania · 1838
- Beidelman v. FoulkSupreme Court of Pennsylvania · 1836
3Cited by3 opinions
- Hannan v. CarrollSupreme Court of Pennsylvania · 1923
- Lazarus v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1914
- Bricker v. KlineSuperior Court of Pennsylvania · 1925