Weast v. Derrick
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Gwriberland county: Of January Term 1882, No. 157. Assumpsit, by John Weast, assignee for the benefit of creditors of J. W. Henry, against Peter Derrick.
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Error to the Court of Common Pleas of Gwriberland county: Of January Term 1882, No. 157. Assumpsit, by John Weast, assignee for the benefit of creditors of J. W. Henry, against Peter Derrick. The plaintiff, in his narr., claimed to recover the difference between the price at which a certain tract of land was struck off to defendant at a sale made by the plaintiff, as assignee for creditors, on February 21st 1877, the terms of which the defendant failed to comply with, and the price which it brought when subsequently sold by plaintiff, under an order of court, on January 10th 1878. By leave of…
1Opinion of the CourtJustice Tbunkey
Each sale was made in the beginning of the year, one in 1877 and the other in 1878, the purchaser to take possession on the first of April following. The first was for $39 per acre, ten per centum to be paid in hand, the balance of one-half on April 1st 1877, one-fourth on April 1st 1878, and one-fourth on April 1st 1879, with interest on the last two payments. This sale was at auction, but not by authority or under control of the court. The second was under an order of the court, for $30.25 per acre, payable, ten per centum at the time of the sale, one-lialf the balance on the April 1st…
2Cited by5 opinions
- Pepper v. DeakyneSupreme Court of Pennsylvania · 1905
- Goodritz v. McMahonSuperior Court of Pennsylvania · 1916
- Ramsay v. HerskerSupreme Court of Pennsylvania · 1893
- Clever v. CleverSuperior Court of Pennsylvania · 1909
- Wolfson v. Gicas, Pennsylvania Court of Common Pleas, Schuylkill County1953