135 Pa. 539 | Pa. | 1890
The uote in controversy with its indorsements constitute one paper. Its construction was for the court, and we think the learned judge below interpreted it correctly. It was expressly stipulated that “ this note is not to be collected until the title is perfect clear on the farm I sold to Jacob D. Herbst.” There is no ambiguity in this language. So far from the title being clear, there was no title to the twenty-three acres of woodland. The description of the farm as contained in the
We do not regard it as important that the defendant entered upon the woodland, exercised acts of ownership over it, and sold some of the timber. Nor, that he had sold and conveyed part of the farm away so as to place it beyond his power to rescind. He was not seeking to rescind, nor was he bound to do so. He bought the two tracts for the single consideration of 13,800. He had a right to enter upon both, and treat them as his own. For the one tract, he has no paper title; and it was expressly agreed, and so entered upon the back of the note, that his liability thereon should be suspended until the title was perfected. The thought naturally suggests itself, that it would have been easier and less expensive for the plaintiff to have complied with his agreement, than to have embarked upon this litigation.
Judgment affirmed.