Hopkins v. Phillips
Superior Court of Pennsylvania
Appeal, No. 57, Oct. T., 1920, by defendant, from judgment of Municipal Court of Philadelphia, Nov. T., 1918, No. 377, on verdict for plaintiff In the case of Solomon Hopkins v. William Phillips. Assumpsit for money paid on account on the sale of real estate. Before Knowles, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $378.92 and judgment thereon. Defendant appealed.
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Appeal, No. 57, Oct. T., 1920, by defendant, from judgment of Municipal Court of Philadelphia, Nov. T., 1918, No. 377, on verdict for plaintiff In the case of Solomon Hopkins v. William Phillips. Assumpsit for money paid on account on the sale of real estate. Before Knowles, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $378.92 and judgment thereon. Defendant appealed. Error assigned was refusal of defendant’s motion non obstante veredicto.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff seeks in this action to recover the cash paid to the defendant upon the execution of articles of agreement for the sale and conveyance, by the latter, of three houses and lots in Philadelphia. The agreement was dated April 23, 1918, and provided that settlement should be made and the balance of the purchase money paid within fifty days from said date and that in case the plaintiff failed to pay the balance of the purchase money within said time the cash payment of three hundred dollars should be forfeited. The defendant asserted that the plaintiff had failed…
2Cases cited2 opinions
- Eberz v. HeislerSuperior Court of Pennsylvania · 1900
- Loewenstein v. ArmstrongSuperior Court of Pennsylvania · 1904
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- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Lehrer v. McCloskey Homes, Inc.District Court, E.D. Pennsylvania · 1956
- Moser v. Jacob Brown Building & Loan Ass'nSupreme Court of Pennsylvania · 1935
- Martin v. Gettle, Pennsylvania Court of Common Pleas, York County1927
- Shlak v. E. F. Houghton Building & Loan Ass'n, Pennsylvania Court of Common Pleas, Philadelphia County1932