Rigg v. Schweitzer
Rigg v. Schweitzer
Opinion of the Court
Opinion by
Solomon Schweitzer desired to purchase the property, to the sale of which this contention relates, and all the parties bene
The plaintiff refuses to comply with the articles of agreement, has notified the bank to withhold payment of his check, and asks that the sale and all proceedings under it be annulled. His principal contention appears to be based on a denial of the facts as found by the court and stated above. To the extent that it is so we overrule it, because the evidence warrants and seems to require the finding of them. So much of his contention as relates to findings requested, and refused, is only another form of attack upon the findings made. The evidence which authorized the latter certainly warranted the refusal of the former.
It is well settled that an executor or administrator may purchase property of the estate at his own sale of it, subject.to the power of disaffirmance in the heirs or creditors. If therefore he bids upon it through an agent, in good faith, the other bidders have no right to complain, and there is nothing in his having done so which furnishes ground for setting aside the sale of it to them: Pennock’s Appeal, 14 Pa. 446, and Beeson v. Beeson, 9 Pa. 279.
We think the plaintiff has no just cause to complain of the
We agree with the learned court below that there was no agreement to release Schweitzer from any of the conditions of the sale, in the event of his becoming the purchaser of the property. The case appears to have been carefully tried and considered in that court and we discover nothing in the record which calls for a reversal of the decree.
Decree affirmed and appeal dismissed at the cost of the appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.