Singerly v. Swain's Administrators
Supreme Court of Pennsylvania
Error, to the District Court of Philadelphia. This was an action of assumpsit by Alexander Whilldin and Benjamin Swain, administrators of T. W. Swain, deceased, against Joseph Singerly, for the difference between his bid for a portion of the decedent’s real estate, at an Orphans’ Court sale, and what it brought on a resale, rendered necessary by his default.
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Error, to the District Court of Philadelphia. This was an action of assumpsit by Alexander Whilldin and Benjamin Swain, administrators of T. W. Swain, deceased, against Joseph Singerly, for the difference between his bid for a portion of the decedent’s real estate, at an Orphans’ Court sale, and what it brought on a resale, rendered necessary by his default. On the 20th June 1856, the plaintiffs, under an order of the Orphans’ Court, exposed the real estate of the intestate to public sale, for the payment of debts; when Joseph Singerly, the defendant, became the purchaser of a house and lot…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
Nothing is more clear than that the defendant’s set off was properly rejected. For what was it? The defendant, called on to answer for the difference between the sum at which he bid off, at Orphans’ Court sale, part of the real estate of the decedent, and the sum at which it sold on a resale, made necessary by his refusal to comply with his bid, offered, in defence of himself, to show the decedent’s indebtedness to him.
It would seem, that the rule of the District Court in relation to notice of set-offs had not been complied with by the…
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