Funk v. Smith

Citations

• 66 Pa. 27
• 1870 Pa. LEXIS 269

Syllabus

<p>1. Land was sold by tbe sheriff there being no special terms of sale; the purchaser failed to comply; it was again sold for a less sum; the Statute of Limitations began to run from the failure to comply and not from the second sale.</p> <p>2. The legal inference of a promise to pay was from the bid, the failure to pay was the breach, from which the cause of action arose, and the difference between the sales was evidence as to the measure of damages.</p> <p>3. This was not the result of an alternative contract to pay damages in lieu of the bid, but an election of the sheriff to put up the property again and to sue for damages.</p> <p>4. The postponement to the second sale is the act of the sheriff or the party who directs him, for which the bidder-is not responsible.</p> <p>5. Campbell v. Boggs, 12 Wright 524, approved and applied.</p>