Fullmer v. Poust
Supreme Court of Pennsylvania
Appeal, No. 72, Jan. T., 1893, by defendant, Jemima S. Poust, from judgment of C. P. Columbia Co., Sept T., 1891, No. 158, on verdict for plaintiff, J. D. Fullmer. Scire facias sur mechanic’s lien.
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Appeal, No. 72, Jan. T., 1893, by defendant, Jemima S. Poust, from judgment of C. P. Columbia Co., Sept T., 1891, No. 158, on verdict for plaintiff, J. D. Fullmer. Scire facias sur mechanic’s lien. At the trial, before Ikeleb, P. J., plaintiff offered in evidence an agreement in writing which was as follows: “ This agreement made the 13th day of August, A. d. 1890, between J. D. Fullmer, of Benton, Columbia Co., Pa., of the first part and Jemima S. Poust, of Hughesville, Lycoming Co., Pa., of the second part: “ Witnesseth, that the said party of the first part for the consideration…
1Opinion of the Court
Per Curiam,
While the plaintiff’s agreement to sell and convey the lot to *278defendant for two hundred dollars, payable on or before November 15,1890, and his covenant to build thereon for her a house, of the size, etc., therein specified, for the further consideration of two hundred and fifty dollars, payable, fifty dollars within thirty days, and the residue on May 15, 1891, etc., are written on the same paper, they do not necessarily constitute an entire contract. The former is so distinct from the latter, as to time of payment, etc., that they may well be treated as severable. If the part to…
2Cases cited4 opinions
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