Chalfant v. Rocks

Supreme Court of Pennsylvania

Chalfant v. Rocks

61 A. 1105, 212 Pa. 521, 1905 Pa. LEXIS 653

CourtSupreme Court of Pennsylvania

DecidedJune 22, 1905

DocketAppeal, No. 21

StatusPublished

This text of 61 A. 1105 (Chalfant v. Rocks) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chalfant v. Rocks, 61 A. 1105, 212 Pa. 521, 1905 Pa. LEXIS 653 (Pa. 1905).

Pincite

Opinion

Per Curiam,

The agreement upon which the plaintiffs’ title is founded cannot reasonably be construed as more than a personal license. Though called by the parties a sale the vendee is “ not to sell any coal only what he hauls himself or have hauled,” and he is also restricted from selling the “ said three acres of coal to any person or persons but Jas. M. Linn (the vendor) his heirs or assigns.” The words of the grant are in presentí, the description of the land complete, and the -receipt is of the consideration money in full. There is no indication of any further instrument being in contemplation, and the restrictions in this one are incompatible with a conveyance in fee, but "entirely in harmony with a personal license.

But even if considered as a conveyance there are no words of inheritance and on the death of the grantee nothing passed to his heirs.

Judgment affirmed.

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Per Curiam,

The agreement upon which the plaintiffs’ title is founded cannot reasonably be construed as more than a personal license. Though called by the parties a sale the vendee is “ not to sell any coal only what he hauls himself or have hauled,” and he is also restricted from selling the “ said three acres of coal to any person or persons but Jas. M. Linn (the vendor) his heirs or assigns.” The words of the grant are in presentí, the description of the land complete, and the -receipt is of the consideration money in full. There is no indication of any further instrument being in contemplation, and the restrictions in this one are incompatible with a conveyance in fee, but "entirely in harmony with a personal license.

But even if considered as a conveyance there are no words of inheritance and on the death of the grantee nothing passed to his heirs.

Judgment affirmed.

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Bluebook (online)

61 A. 1105, 212 Pa. 521, 1905 Pa. LEXIS 653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chalfant-v-rocks-pa-1905.