Loughlin v. Tucker

Citations

• 48 Pa. Super. 506
• 1912 Pa. Super. LEXIS 402

Syllabus

<p>Deed — Consideration for — Action—Covenant.</p> <p>Where a deed recites that the consideration money “had been well and truly paid,” and a receipt therefor in ordinary form follows the acknowledgment, the grantor cannot maintain an action for the consideration money as on a breach of covenant in the deed. An averment in his statement of claim alleging nonpayment, to the effect that the premises were conveyed to the grantee “upon the promise and undertaking of said defendant in said indenture recited to pay the sum of $1,500,” is not borne out by the deed. While the recital may be evidence that a contract to pay existed, a failure to pay the consideration is a breach of the independent contract, and not of a covenant in the deed.</p>