Borough of Erie v. Vincent
Supreme Court of Pennsylvania
ERROR to the common pleas of Erie county. The Burgess and Town Council of the Borough of Erie against John Vincent and Martin Strong. This was an action of debt to recover the price of .a lot sold by the plaintiffs to the defendants. Plea payment, with leave, &c. It appeared in evidence that, by virtue of an act of assembly, the borough of Erie was authorised to lay out certain water lots in the basin, at the town of Erie.
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ERROR to the common pleas of Erie county. The Burgess and Town Council of the Borough of Erie against John Vincent and Martin Strong. This was an action of debt to recover the price of .a lot sold by the plaintiffs to the defendants. Plea payment, with leave, &c. It appeared in evidence that, by virtue of an act of assembly, the borough of Erie was authorised to lay out certain water lots in the basin, at the town of Erie. After the adoption of a plan by which the lots were laid out and numbered, they were exposed to public sale, and lot No. 89 was sold to the defendants for 4600 dollars.…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
I consider it a plain principle of law and justice, that if one person contracts to convey real estate to another, at a future time, for a certain price to be paid for it, and afterwards, and before the time of the conveyance, alters the state of the property, so as materially to lessen its value, the other parly may rescind the contract and refuse to accept the. deed and to pay the purchase-money, or if he has paid’a part, may recover back the money thus paid. The maxim that no one can take advantage of his own act, directly applies. I do…
2Cited by3 opinions
- McCall v. DavisSupreme Court of Pennsylvania · 1868
- Goldberg v. Grossman and RosenauSuperior Court of Pennsylvania · 1931
- Stickter v. GuldinSupreme Court of Pennsylvania · 1858