Jacoby v. Stetler
Supreme Court of Pennsylvania
Error to the Common Pleas of Lehigh County to review a judgment for plaintiff in an action of assumpsit. Charles Guth by deed dated March 31, 1877, conveyed all his property to Edwin C. Jacoby for the benefit of his creditors. The assignee, under the provisions of the act of February 17, 1876, applied to the court for an order for the sale of the real estate.
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Error to the Common Pleas of Lehigh County to review a judgment for plaintiff in an action of assumpsit. Charles Guth by deed dated March 31, 1877, conveyed all his property to Edwin C. Jacoby for the benefit of his creditors. The assignee, under the provisions of the act of February 17, 1876, applied to the court for an order for the sale of the real estate. The court, on October 1, 1877, granted an order of sale to which the assignee made return that he had sold the real estate to Daniel Stetler for the sum of $2,030. On December 6, 1878, the court confirmed said sale unless exceptions…
1Opinion of the Court
Per Curiam :
In this suit, trial by jury was waived by the parties, and the case was submitted to the judge of the common pleas, under the act of 22d April, 1874.
On the facts found by him, the law was correctly ruled. Although the defendant in error refused to comply with the terms, of his bid, he did not thereby become liable to a penalty in addition to the damages the vendor sustained. The latter did not sue for all the purchase money, but elected to rescind the sal© and sold the property to another. The loss which he sustained constituted the measure of damages which he became entitled to…
2Cited by1 opinion
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