DeForest v. Finn

Citations

• 67 Pa. Super. 360
• 1917 Pa. Super. LEXIS 405

Syllabus

<p>Vendor and vendee — Sale of land — Suit for purchase-money — Defenses — Failure of title.</p> <p>Where a vendee of land pays a portion of the purchase-money, enters upon and retains possession of the land, and is then sued for the balance of the purchase-money, the vendee in order to defend on the ground of defective titlé, must show that he would get a bad title, or that another was attempting to assert it.</p> <p>In such a case if the defendant wishes to rescind the contract he should have offered to return the land. He cannot defend as upon a rescission of the contract without offering to return the subject-. matter, and if he defends in affirmance of the contract he is liable for the consideration less his damages. He cannot both disaffirm and affirm it.</p>