Clapp v. Hoffman

Citations

• 159 Pa. 531
• 28 A. 362
• 1894 Pa. LEXIS 887

Syllabus

<p>Sale — Mistake—Equity— Ground rents.</p> <p>Defendant owned a ground rent which she thought was irredeemable.' She gave it to her son to deliver to an auctioneer to be sold. The son believing the ground rent to be irredeemable, so represented it to the auctioneer, and it was advertised and sold as irredeemable. Plaintiff’s decedent bought the ground rent as an irredeemable one, relying upon defendant’s representations. After the purchase plaintiff took the title papers to a title company who issued a title policy of insurance in which the ground rent was insured as being irredeemable. Settlement was then made and the money was received and afterwards invested by defendant. Held, that plaintiff had no standing in equity to have the contract of sale set aside.</p>