Huston v. Davidson

Supreme Court of Pennsylvania

Huston v. Davidson

8 Watts & Serg. 181

DecidedDecember 15, 1844

StatusPublished

This text of 8 Watts & Serg. 181 (Huston v. Davidson) 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

Huston v. Davidson, 8 Watts & Serg. 181 (Pa. 1844).

Pincite

Opinion

Per Curiam.

This case is not to be distinguished in principle from Chew v. Mather, in which it was held that a vendor’s purchase of the vendee’s equity is a virtual dissolution of the contract. Here the purchase back of the equitable estate of the ground tenant made it impossible for the ground landlord to execute the contract, and consequently deprived him of his right to enforce the covenant which was the consideration of it. The court, therefore, ought to have restrained him from proceeding on his judgment.

Execution set aside.

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Per Curiam.

This case is not to be distinguished in principle from Chew v. Mather, in which it was held that a vendor’s purchase of the vendee’s equity is a virtual dissolution of the contract. Here the purchase back of the equitable estate of the ground tenant made it impossible for the ground landlord to execute the contract, and consequently deprived him of his right to enforce the covenant which was the consideration of it. The court, therefore, ought to have restrained him from proceeding on his judgment.

Execution set aside.

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Bluebook (online)

8 Watts & Serg. 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huston-v-davidson-pa-1844.