Weisenberger v. Huebner
Supreme Court of Pennsylvania
Appeal, No. 127, Jan. T., 1919, by plaintiffs, from decree of C. P. Northampton Co., June T., 1914, No. 1, in equity, dismissing plaintiffs’ bill in case of Samuel Weisenberger, Herman Schermer, Samuel Miller and Solomon Goodman v. Gottlieb Huebner, Jacob W. Hagey and Mary L. Cyphers, Executrix of Harry A. Cyphers, deceased. Bill in equity for specific performance of agreement for sale of real estate.
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Appeal, No. 127, Jan. T., 1919, by plaintiffs, from decree of C. P. Northampton Co., June T., 1914, No. 1, in equity, dismissing plaintiffs’ bill in case of Samuel Weisenberger, Herman Schermer, Samuel Miller and Solomon Goodman v. Gottlieb Huebner, Jacob W. Hagey and Mary L. Cyphers, Executrix of Harry A. Cyphers, deceased. Bill in equity for specific performance of agreement for sale of real estate. Before Stewart, P. J. The court dismissed the bill because the contract was not in writing. Plaintiffs appealed. Errors assigned were, among others, answers to plaintiffs’ requests for findings…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiffs filed a bill in equity praying specific performance of an agreement for tbe sale of real estate, Gottlieb Huebner, one of the defendants, filed an answer, a decree pro confesso was entered against the other two defendants, evidence was taken, the court decreed a dismissal of the bill because the entire contract was not in writing as required by our Statute of Frauds of March 21st, 1772,1 Sm. Laws 389, and plaintiffs appeal.
On November 15,1913, Huebner, for a stated consideration of $1, conveyed to Harry A. Cyphers, who was his attorney and whose…
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