Delp v. Bartholomay Brewing Co.

Citations

• 123 Pa. 42
• 15 A. 871
• 1888 Pa. LEXIS 644

Syllabus

<p>1. Where, by the terms of his agreement in the purchase of property, the vendee has undertaken the payment of the vendor’s creditors, one of the latter may sustain an action in his own right against him, to enforce payment in accordance with the agreement.</p> <p>2. In such ease, § 1, act of April 26, 1855, P. L, 308, requiring an agreement to answer for the debt or default of another to be in writing and signed by the party to be charged therewith, has no application.</p> <p>(а) Hotel proprietors executed a bill of sale of the leasehold, furniture and effects, in consideration of part cash, and the further consideration that the vendee assumed to pay “about $23,500” partnership debts made in the “furnishing and improving” said hotel.</p> <p>(б) With the bill of sale the vendee executed a bond to the vendors conditioned that he would indemnify them from the payment of any and all debts of the firm contracted “in furnishing and running” the hotel “ presently due and to become due.”</p> <p>3. In such case the bill of sale and the bond constituted the contract between the parties, and the vendee thereby became liable to a creditor of the vendors, for liquors furnished for the business of the hotel before the sale.</p>