Kurzawski v. Schneider

Citations

• 179 Pa. 500
• 36 A. 319
• 1897 Pa. LEXIS 679

Syllabus

<p>Principal and agent — Vendor and vendee — Rescission of contract.</p> <p>An agent who receives money paid on a contract for the purchase of real estate made by his principal cannot be held liable in an action by the purchaser to recover the money back on proof of facts which would entitle the purchaser to rescind the contract.</p> <p>M. agreed to sell her land to plaintiff, and defendant was employed to reduce the contract to writing. It was then arranged that plaintiff should pay the purchase money in instalments to defendant for M., and that the defendant was to see to the proper transfer of the title when the whole of the price should have been paid. Plaintiff subsequently claimed to rescind the contract, and defendant offered to return the purchase money if M. would agree. Held, that the plaintiff had no right of action against the defendant.</p>