Sweitzer v. Hummel of Toot
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Dauphin county. Frederick Hummel, executor of George Toot, deceased, brought an action of covenant against T. Sweitzer, on articles of agreement by which the said Sweitzer, and a certain Samuel Howard, deceased, agreed to sell and convey a tract of land in Virginia, to G. Toot, deceased. The purchase money was paid by Toot in his life time, and the breach of covenant assigned, was the not executing a conveyance to him.
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In Error. ERROR to the Common Pleas of Dauphin county. Frederick Hummel, executor of George Toot, deceased, brought an action of covenant against T. Sweitzer, on articles of agreement by which the said Sweitzer, and a certain Samuel Howard, deceased, agreed to sell and convey a tract of land in Virginia, to G. Toot, deceased. The purchase money was paid by Toot in his life time, and the breach of covenant assigned, was the not executing a conveyance to him. Several exceptions were taken by the defendant’s counsel to the charge delivered by the Court. The first was, that the jury were told, “…
1Opinion of the Court
Tilghman C. J.
(After stating the case.) We are not informed of the reason why the agreement was, that, in one case, the defendant should execute such conveyance as Toot should devise and prepare, at his own expense ; and, in another case, the defendant took upon himself to make a good conveyance ; but so it is, and the parties had a right to make what agreement they pleased. The question then is, what is to be done, when the seller of a tract of land covenants, that, upon payment of the purchase money, he will convey a good title to the purchaser ? Who, in this case, is to prepare the deed of…
2Cited by1 opinion
- Gray v. DoughertyCalifornia Supreme Court · 1864