Public-domain · open source
OpenJurist

159 Pa. 531

Clapp v. Hoffman

Supreme Court of Pennsylvania

Decided January 29, 1894

Supreme Court of Pennsylvania · decided 1894-01-29

Appeal, No. 87, Jan. T., 1894, by-plaintiffs, Sarah R. Clapp et al., as executors of Nathan Clapp, deceased, and individually, et al., from decree of C. P. No. 4, Philadelphia Co., Sept. T., 1892, No. 762, dismissing bill in equffy against defendant, Phoebe W. Hoffman. Bill in equity to set aside contract of sale.

Cited in Bouvier (1914)’s definition of “Reform”

Good law ✅— No negative treatment on recordhow we know

Decided 1894-01-29

How this case has been cited

Cited by 5 later decisions — most recently September 1975

3 state decisions

20189419001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam,

¶1The propriety and correctness of the learned master’s recommendation, that the bill in this case be dismissed, are amply vindicated in his report. The sale of the ground rent in question was fully executed, by delivery of deed therefor and payment in full of the consideration money, more than two years and a half before the bill was filed. There was no intentional misrepresentation as to the quality of the ground rent, nor any fraud in the procurement or in the consummation of the sale thereof. The vendee had ample time and opportunity, before accepting the deed and paying the purchase money, to have ascertained whether the ground rent was irredeemable or not. He satisfied himself as to the goodness of the title, and in the same manner he might have been fully advised as to the quality of the rent. Moreover, the relief prayed for would not have restored the parties to their original position. But it is not our purpose to discuss the questions presented by the record. They have been satisfactorily disposed of by the learned master, and for reasons given in his report we think neither of the specifications of error should be sustained.

¶2Decree affirmed and appeal dismissed with costs to be paid by appellant.

/159/pa/531 · .json · Public domain