Firmstone v. Spaeter
Supreme Court of Pennsylvania
Appeal, No. 220, Jan. T., 1892, by plaintiffs, Frank Firmstone et al., executors of Susan Kimber, deceased, from order of C. P. No. 4, Phila. Co., June T., 1891, No. 865, discharging rule for judgment for want of a sufficient affidavit of defence, by Philip Spaeter. Assumpsit to recover purchase money of land.
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Appeal, No. 220, Jan. T., 1892, by plaintiffs, Frank Firmstone et al., executors of Susan Kimber, deceased, from order of C. P. No. 4, Phila. Co., June T., 1891, No. 865, discharging rule for judgment for want of a sufficient affidavit of defence, by Philip Spaeter. Assumpsit to recover purchase money of land. From the statement and affidavit of defence it appeared that plaintiffs and defendants entered into written articles of agreement whereby the former agreed to sell and the latter to buy, at the price of $1,410 per acre, “ all that certain messuage or tenement and tract of land situate…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
This is an action to recover the price of a tract of land sold by the acre. In the agreement of sale the land is described as *618“ situate in the borough of Jenkintown bounded by the lands of R. J. Dobbins, Isaac Mather and Edward Stotesbury and Walnut Lane and Greenwood Avenue, containing forty-one acres more or less ” and it is provided therein that the same shall be surveyed. The only dispute between the parties re lates to the location of the boundary line along Walnut Lane and Greenwood Avenue. These are public streets and the appellant contends that the line…
2Cases cited3 opinions
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