Newmyer v. Davidson

Citations

• 31 Pa. Super. 468
• 1906 Pa. Super. LEXIS 238

Syllabus

<p>J udgment — Contract—Sale—Evidence.</p> <p>Where the owner of a judgment assures a purchaser that there is a certain amount due upon the judgment, and agrees to produce a note for an amount stated as evidence of part of the original indebtedness; and if he fails to do so to refund the money, and he fails to produce the note, the purchaser is bound within a reasonable time to demand the purchase money back, and tender a reassignment of the judgment; and if he fails to do so until after the death of the seller, several years after the sale, he cannot thereafter recover the amount of the note which had not been produced by the purchaser.</p>