Fendick v. Lloyd

Citations

• 50 Pa. Super. 435
• 1912 Pa. Super. LEXIS 70

Syllabus

<p>Vendor and, vendee — Case stated — Res adjudicata — Hand money.</p> <p>1. Where a vendor brings an action of assumpsit against the vendee to recover a balance of purchase money of land, and the vendee defends on the ground that the vendor was unable to convey a marketable title, a judgment for the vendee is res adjudicata as to the non-marketable title of the real estate in a later action brought by the vendee to recover the hand money which he had paid to the vendor; and in such a case it is immaterial that the judgment in the earlier case was based upon a case stated; but the earlier case is not conclusive as to the vendee’s right to recover the hand money, where there is nothing to show that in making up the ease stated any provision had been made or agreed upon for the entry of a judgment for any sum in favor of the vendee.</p> <p>2. Whatever is not distinctly and expressly agreed upon in a case stated will be taken not to exist, and it is error to base a judgment on facts not set forth in the case stated.</p>