Sager v. Patterson

Citations

• 15 Pa. Super. 147
• 1900 Pa. Super. LEXIS 316

Syllabus

<p>Appeal — Question for jury — Weight given to verdict.</p> <p>Where the questions involved in a trial are essentially matters of fact, and there is competent proof which, if believed, would sustain the allegations of the successful party, the verdict of the jury will be sustained on appeal.</p> <p>Sale of real estate — Unpaid purchase money — Set-off—Outstanding better title.</p> <p>In an action brought to recover unpaid purchase money, the defendant in Pennsylvania has always been allowed to set up as an equitable defense any outstanding better title actually asserted which would amount to a failure of consideration of the contract of purchase, whatever may be the actual covenants in the deed of conveyance.</p>