Hannock v. Tope
Superior Court of Pennsylvania
Appeal, No. 351, Oct. T., 1920, by defendants, from judgment of O. P. No. 3, Philadelphia County, June T., 1920, No. 7624, in favor of plaintiff on pleadings in case of Julia Hannoek v. John Herman Tope and Margaret J. Tope. Assumpsit to recover money paid on account of the sale of real estate.
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Appeal, No. 351, Oct. T., 1920, by defendants, from judgment of O. P. No. 3, Philadelphia County, June T., 1920, No. 7624, in favor of plaintiff on pleadings in case of Julia Hannoek v. John Herman Tope and Margaret J. Tope. Assumpsit to recover money paid on account of the sale of real estate. The facts are stated in the opinion of the Superior Court. ■ The defendant, without answering the averments of fact in the statements of claim, filed an affidavit of defense raising certain questions of law. The court entered judgment for plaintiff, without giving the defendant an opportunity to file a…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff in this action of assumpsit seeks to recover a part of the money paid under a contract relating to a contemplated purchase by her of certain real estate. The contract was in writing and a copy thereof was attached to and made part of plaintiff’s statement. The defendants without answering the averments of fact in the statement of claim, filed an affidavit of defense rais*103ing certain questions of law. The court below entered judgment against the defendants for want of a sufficient affidavit of defense. The defendants appeal and assign this action of the court…
2Cases cited4 opinions
- Yerkes v. RichardsSupreme Court of Pennsylvania · 1893
- McHenry v. MitchellSupreme Court of Pennsylvania · 1908
- Shifferstine v. SitlerSupreme Court of Pennsylvania · 1919
- Heckman's EstateSupreme Court of Pennsylvania · 1912
3Cited by4 opinions
- DiBenedetto v. DiRoccoSupreme Court of Pennsylvania · 1953
- Commonwealth v. Auto. Banking Corp.Superior Court of Pennsylvania · 1931
- Parrish & Co. v. Bacon, Pennsylvania Court of Common Pleas, Montgomery County1925
- Power Manufacturing Co. v. Bellefonte Trust Co., Pennsylvania Court of Common Pleas, Centre County1929