Ashcom v. Smith
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common pleas of Bedford county. The plaintiff in error, who was also plaintiff below, brought suit against the defendant to recover the difference between the amount .which had been bid by him for the real estate of John Moore, deceased, at a public vendue held by Barclay and ,Jlshcom, administrators with the will annexed of the said Moore, and the sum for which at a subsequent sale they sold it to another, after the defendant had refused…
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IN ERROR. Error to the Court of Common pleas of Bedford county. The plaintiff in error, who was also plaintiff below, brought suit against the defendant to recover the difference between the amount .which had been bid by him for the real estate of John Moore, deceased, at a public vendue held by Barclay and ,Jlshcom, administrators with the will annexed of the said Moore, and the sum for which at a subsequent sale they sold it to another, after the defendant had refused to'carry the contract into execution. The defendant resisted the recovery on the ground that the land sold had been…
1Opinion of the Court
The opinion of the Court was delivered by
GibsoN, C. J.
The principle on which the cause- was put to'the jury, was that of mistake, for which, they were instructed,, that the contract ought not to be enforced. The cases on which reliance is placed for this, are inapplicable. The difference between a deficit for which an abatement is claimed where the land has been, sold for a round sum, and an excess, for which a recision of the contract is claimed where it has been sold by the acre, is plain and palpable. In the one case, the vendee is a loser to the extent of the difference; and in the other…
2Cases cited4 opinions
- Smith v. EvansSupreme Court of Pennsylvania · 1813
- Perkins v. GaySupreme Court of Pennsylvania · 1817
- Patton's administrators v. AshSupreme Court of Pennsylvania · 1821
- Boar v. M'CormickSupreme Court of Pennsylvania · 1814
3Cited by3 opinions
- Sheehy v. GalipeauNew Jersey Superior Court Appellate Division · 1957
- California & Hawaiian Sugar Co. v. Sun Ship, Inc.Court of Appeals for the Ninth Circuit · 1986
- California And Hawaiian Sugar Company v. Sun Ship, Inc.Court of Appeals for the Ninth Circuit · 1986