Comegys v. Davidson

Citations

• 154 Pa. 534
• 26 A. 618
• 1893 Pa. LEXIS 930

Syllabus

<p>Vendor and vendee — Deficiency in quantity of land.</p> <p>Where a title has been conveyed and accepted and a bond given for the purchase money or a part of it, the general rule is that there can be no abatement of the purchase money except in case of mistake, imposition or fraud. But if the deficiency in the property conveyed is so serious that it may be regarded as evidence of imposition or fraud, the rule.is to allow such a reduction of the purchase money as will compensate the purchaser for the value of the land lost.</p> <p>Affidavit of defence — Mortgage—Deficiency of land.</p> <p>Au affidavit of defence to a scire facias upon a mortgage given for the purchase money of land, after the deed for the land had been accepted, is sufficient, which alleges that the deed purported to convey a city lot of the designated width of forty feet, and that in actual fact the width of the lot conveyed was but thirty-seven feet and four inches, and that the remaining two feet and eight inches of the lot were in possession and built upon by another grantee of the same grantor.</p> <p>In such a ease the defendant cannot defalk from the total amount of the purchase money of the whole lot, thirty-five hundred dollars, the sum of fifteen hundred dollars on account of the deficiency, but he is entitled to some allowance.</p> <p>Not decided whether in such case defendant is entitled to a deduction for the proportionate value of the two feet and eight inches which he did not get, to the forty feet for which he agreed to pay, and for which the deed was made, or whether he is entitled to more than such proportionate value.</p>