Kimball v. Commonwealth Title Insurance & Trust Co.

Citations

• 19 Pa. Super. 20
• 1902 Pa. Super. LEXIS 24

Syllabus

<p>Contract — Ground rent — Sale.</p> <p>In an action on a written contract of defendant to collect the proceeds of the sale of a ground rent, and pay same to plaintiff, it appeared that A sold to B a ground rent upon a lot on which was an unfinished house. B deposited the consideration money with the defendant, a trust company. It was agreed that A was to finish the house at his own expense, and that $1,000 should remain with the defendant until B should give directions to pay it to A. This was done to secure the performance of A’s agreement to finish the house. In pursuance of the contract plaintiff to whom the ground rent had been conveyed by A assigned it to B. Plaintiff left the title papers with defendant which gave him an agreement to pay the proceeds of the ground rent to the plaintiff, less a certain sum to be applied to payment of a prior incumbrance. A failed to complete the house. B demanded the return of his money from the defendant. Defendant purchased from B the ground rent and all his interest in the funds in the defendant’s hands, and subsequently completed the house at a cost exceeding the $1,000 sued for by plaintiff. Held, that an affidavit- of defense alleging the above facts was sufficient to carry the case to a jury.</p>