Shilanski v. Farrell
Superior Court of Pennsylvania
Appeal, No. 28, March T., 1914, by defendants, from order of C. P. Luzerne Co., March T., 1913, No. 62, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Joe Shilanski v. J. C. and W. L. Farrell. Assumpsit to recover back purchase money of real estate.
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Appeal, No. 28, March T., 1914, by defendants, from order of C. P. Luzerne Co., March T., 1913, No. 62, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Joe Shilanski v. J. C. and W. L. Farrell. Assumpsit to recover back purchase money of real estate. From the record it appeared that on March 7, 1910, the plaintiff entered into an agreement with the defendants whereby he agreed to buy from defendants and defendants agreed to sell to plaintiff two lots of land, the price of which lots was to be $300, payable as follows: $25.00 cash down to be paid on…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit brought by the purchaser against the vendors to recover back money paid on a contract for the sale of land. It is an admitted fact, under the pleadings, that after the time for the payment of the entire purchase money had passed without full payment being made, the defendants sold the land to another. This, it is claimed, was a rescission of the contract by the defendants, or gave the plaintiff the right to treat it as such and to recover back the part of the purchase money he had paid. And this would be true, if the defendants were still…
2Cases cited8 opinions
- Sanders v. BrockSupreme Court of Pennsylvania · 1911
- McHenry v. MitchellSupreme Court of Pennsylvania · 1908
- Lichetti v. ConwaySuperior Court of Pennsylvania · 1910
- Hatton v. JohnsonSupreme Court of Pennsylvania · 1877
- Durham v. WickSupreme Court of Pennsylvania · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Riddle Co. v. TaubelSupreme Court of Pennsylvania · 1923
- Emmons v. McCreerySupreme Court of Pennsylvania · 1932
- Knable v. BradleySupreme Court of Pennsylvania · 1968
- Atlantic City Tire & Rubber Corp. v. Southwark Foundry & MacHine Co.Supreme Court of Pennsylvania · 1927
- Hopp v. BergdollSupreme Court of Pennsylvania · 1925
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