Legal Opinion

O'Connell v. Cease

Supreme Court of Pennsylvania

Decided May 3, 1920No. Appeal, No. 285PublishedCited by 19 opinions

Appeal, No. 285, Jan. T., 1920, by plaintiff, from decree of C. P. Luzerne Co., Oct. T., 1919, No. 4, in Equity, dismissing bill in equity, in case of Timotby O’Connell, Jr., v. M. A. Cease, and M. A. Cease, trading as the Duryea Silk Throwing Co. Bill in equity for specific performance of contract to sell real estate. Demurrer to bill.

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Appeal, No. 285, Jan. T., 1920, by plaintiff, from decree of C. P. Luzerne Co., Oct. T., 1919, No. 4, in Equity, dismissing bill in equity, in case of Timotby O’Connell, Jr., v. M. A. Cease, and M. A. Cease, trading as the Duryea Silk Throwing Co. Bill in equity for specific performance of contract to sell real estate. Demurrer to bill. Plaintiff averred that defendants had agreed to sell to plaintiff certain real estate which he described in the bill as follows: “All that piece or parcel of land situate lying and being in the borough of Duryea, County of Luzerne, State of Pennsylvania,…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

Plaintiff’s bill prays for the specific performance of a real estate option, as follows, viz: “Scranton, Pa., July 28, 1919. Received of Timothy O’Connell, Jr., one *291($1.00) dollar, lawful money of the United States, in consideration whereof I hereby agree to give said Timothy O’Connell, Jr., his heirs or assigns, an exclusive option for sixteen days from date hereof, to buy or sell the property situate in the borough of Duryea, county of Luzerne and State of Pennsylvania, bounded and described as follows, to wit: Being Lot Number......in Square or Block…

2Cases cited16 opinions

  1. Title Guaranty & Surety Co. v. LippincottSupreme Court of Pennsylvania · 1916
  2. Henry v. BlackSupreme Court of Pennsylvania · 1904
  3. Agnew v. Southern Avenue Land Co.Supreme Court of Pennsylvania · 1902
  4. Mellon v. DavisonSupreme Court of Pennsylvania · 1889
  5. Ranney v. ByersSupreme Court of Pennsylvania · 1908

11 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Shaw v. CornmanSupreme Court of Pennsylvania · 1921
  2. Hoffman's AppealSupreme Court of Pennsylvania · 1935
  3. Schwartz v. WhelanSupreme Court of Pennsylvania · 1929
  4. Albert v. Schenley Auto Sales, Inc.Supreme Court of Pennsylvania · 1953
  5. Noland v. HaywoodWyoming Supreme Court · 1933

14 more not listed; retrieve them via the Exa API.

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