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1 Yeates 12

Mitchell's lessee v. De Roche

Supreme Court of Pennsylvania

Decided April 15, 1791

Supreme Court of Pennsylvania · decided 1791-04-15

This ejectment was tried at the last assizes for Bucks county, when a verdict was given for the plaintiff by consent of counsel, subject to the court’s opinion… Held: but has made no further payments. The defendant is and has been, for sometime past, out of the state, but his wife and family live on the lands, and he is expected to return. Two judgments have been obtained against defendant while in possession, amounting to about 28I. with costs, which are still unsatisfied.

Decided 1791-04-15

Per Cur.

¶1This is a very clear case. Without payment of the full consideration money the defendant is not entitled to the premises on any principle of law or equity. Such is the evident intention of the contract. Tet the defendant tender his money and he can then recover back the land.

¶2Judgment pro quer.

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