McCall v. Umbenhauer
Supreme Court of Pennsylvania
Appeal, No. 411, Jan. T., 1921, by defendant, from judgment of C. P. Berks Co., Dec. T., 1920, No. 105, for plaintiff on case-stated, in suit of Harry T. McCall, executor of Josephine L. Kmauer, deceased, v. Le Boy P. Umbenhauer. Case-stated to determine marketability of real estate. Before Endlich, P. J. The opinion of the Supreme Court states the facts. The court entered judgment for plaintiff on the case-,stated- Defendant appealed.
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Appeal, No. 411, Jan. T., 1921, by defendant, from judgment of C. P. Berks Co., Dec. T., 1920, No. 105, for plaintiff on case-stated, in suit of Harry T. McCall, executor of Josephine L. Kmauer, deceased, v. Le Boy P. Umbenhauer. Case-stated to determine marketability of real estate. Before Endlich, P. J. The opinion of the Supreme Court states the facts. The court entered judgment for plaintiff on the case-,stated- Defendant appealed. Error assigned, was the judgment of the court.
1Opinion of the Court
Opinion by
Mr. Chief Justice Moschzisker,
Plaintiff, Harry T. McCall, executor of Josephine L. Knauer, deceased, acting under a power contained in her will, sold defendant certain real estate; the vendee refused to pay the purchase money, on the ground that vendor’s decedent had but a life interest and hence he could convey-no title. This appeal is from a judgment for the vendor, plaintiff in a case-stated, on an action brought to compel performance of the contract of sale.
The property came to Josephine L. Knauer from her husband, Israel D. Knauer, under the will of the latter, dated February…
2Cases cited9 opinions
- Redding v. RiceSupreme Court of Pennsylvania · 1895
- Fidelity Trust Co. v. BobloskiSupreme Court of Pennsylvania · 1910
- Rohrbach v. SandersSupreme Court of Pennsylvania · 1905
- Scott v. MurraySupreme Court of Pennsylvania · 1907
- Schaper v. Pittsburgh Coal Co.Supreme Court of Pennsylvania · 1920
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3Cited by10 opinions
- Tallarico EstateSupreme Court of Pennsylvania · 1967
- Conner's EstateSupreme Court of Pennsylvania · 1942
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- Peters v. EAST PENN TWP. SCH. DIST.Superior Court of Pennsylvania · 1956
- Peters v. East Penn Township School DistrictSuperior Court of Pennsylvania · 1956
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