Kearney v. Hogan
Supreme Court of Pennsylvania
Appeal, No. 141, Jan. T., 1893, by plaintiff, Michael L. Kearney, from judgment of C. P. No. 2, Phila. Co., March T., 1891, No. 153, on verdict for defendant, Patrick Hogan. Assumpsit for balance of purchase money.
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Appeal, No. 141, Jan. T., 1893, by plaintiff, Michael L. Kearney, from judgment of C. P. No. 2, Phila. Co., March T., 1891, No. 153, on verdict for defendant, Patrick Hogan. Assumpsit for balance of purchase money. On the trial, before Pennypacker, J., the evidence was to the following effect: On Dec. 9,1890, defendant purchased at public sale the realty situated at the southeast corner of Second and Norris streets, Philadelphia, for $5,700, and signed an agreement to take the same clear of incumbrance. At that time the property had a drain pipe running across a corner of the yard and was…
1Opinion of the Court
Pee Cueiam,
A careful examination of this record fails to disclose error. The suit was brought to recover á balance of purchase money for real estate sold by the plaintiff. The property was advertised as free of all incumbrance, and the contract of sale was made upon those terms. In point of fact, the property at the time of the sale was not free from incumbrance. There was a right on the part of a third person to have a drain pipe and water pipe across a portion of the premises, and there was a burden on the vendor to pay a portion of the expense of keeping these pipes in repair. This imposed…
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- Parmentier, Trustees', AppealSuperior Court of Pennsylvania · 1939
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