Legal Opinion

Yerkes v. Richards

Supreme Court of Pennsylvania

Decided October 7, 1895No. Appeal, No. 58PublishedCited by 19 opinions

Appeal, No. 58, Jan. T., 1895, by defendants, from judgment of C. P. Montgomery Co., June T., 1894, No. 852, for defendants non obstante veredicto. Assumpsit to recover damages for breach of an agreement to se]l real estate. Before Swartz, P. J. At the trial it appeared that William W. Richards, executor of John Richards, deceased, made an agreement with William H. Yerkes, agent, for the sale of a tract of land in Upper Merion township.

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Appeal, No. 58, Jan. T., 1895, by defendants, from judgment of C. P. Montgomery Co., June T., 1894, No. 852, for defendants non obstante veredicto. Assumpsit to recover damages for breach of an agreement to se]l real estate. Before Swartz, P. J. At the trial it appeared that William W. Richards, executor of John Richards, deceased, made an agreement with William H. Yerkes, agent, for the sale of a tract of land in Upper Merion township. The agreement gave Mr. Yerkes, or his principal, an option to buy the premises at $5,400. This option was to expire on January 1,1891. On September 8, 1890,…

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

This action was brought against William W. Richards, trustee under the will of his father John Richards, to recover damages for breach of said trustee’s written agreement of July 14,1890, known as an “option,” for the sale of a tract of land described therein as containing forty-five and a half acres. The cause has been twice tried in the court below. The result of the first trial is reported in 153 Pa. 646. The facts, so far as they were then developed, were substantially the same as they are now. The statement of claim, reciting the agreement sued on,…

2Cases cited5 opinions

  1. Yerkes v. RichardsSupreme Court of Pennsylvania · 1893
  2. Clark & Thaw v. WilderSupreme Court of Pennsylvania · 1855
  3. Edmonson v. NicholsSupreme Court of Pennsylvania · 1853
  4. Irwin v. WickershamSupreme Court of Pennsylvania · 1855
  5. Winchester v. BennettSupreme Court of Pennsylvania · 1867

3Cited by19 opinions

  1. Smith v. Massachusetts Mutual Life Ins.Supreme Court of Florida · 1934
  2. Nay Aug Lumber Co. v. Scranton Trust Co.Supreme Court of Pennsylvania · 1913
  3. Fisher v. ScharadinSupreme Court of Pennsylvania · 1898
  4. Borie v. SatterthwaiteSupreme Court of Pennsylvania · 1897
  5. Casey v. Pennsylvania Asphalt Paving Co.Supreme Court of Pennsylvania · 1901

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