Bruff v. Stoops

Citations

• 70 Pa. Super. 426
• 1918 Pa. Super. LEXIS 267

Syllabus

<p>Sheriff’s sale — Resale—Measure of damages for loss on resale— Irregular execution.</p> <p>A purchaser at sheriffs sale is not liable to respond in damages for loss on resale of the property, if it appears that under the first sale he would have acquired a more favorable title than that which passed to the purchaser at the last sale, or if the terms of the first sale were more advantageous to the purchaser than those of the resale. The measure of damages in such a case is the difference between the price bid at the first sale, and that realized at a resale, fairly conducted upon terms not less advantageous to the purchaser than the first.</p> <p>Where property is sold under an irregular execution, and tbe defendants in the execution acting, within their rights, effect a change in the record of such a character as to deter bidders at a resale, the bidders at the first sale cannot be held in damages for the difference between the amount which they bid at 'the first sale, and a less amount realized at the resale.</p>