Smeich v. Herbst
Citations
- 135 Pa. 539
- 19 A. 950
- 1890 Pa. LEXIS 1217
Syllabus
<p>1. A note for the payment of money, having upon it a stipulation indorsed by the payee, though of different date from the note, conditioning the liability created by it, constitutes but a single instrument the construction of which is for the court alone.</p> <p>2. Where a vendor indorsed upon a note given for the purchase money of land sold, that it was not to be collected until the title to the laud should be made clear, payment cannot be enforced until the title to the whole of the land is perfected in accordance with the stipulation of the indorsement.</p> <p>3. In such case, the fact that the vendee took possession, cut and sold timber from, and sold off a part of the land omitted from the deed delivered, so as to place it beyond his reach to rescind the eoutract of purchase, will not affect Ms right to, resist payment until his title is perfected.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- dismissing sua sponte the petitioner’s untimely appeal from an administrative agency’s decision for lack of subject matter jurisdiction
- “A reviewing court may affirm an order if it is correct for any reason, regardless of the reasons given by the tribunal whose order is under review.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Collum, Green, Paxson, Sterrett
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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