Seeley v. Garey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Sullivan county: Of July Term 1884, No. 24. Replevin, by W. C. Garey against O. A. Seeley to recover certain sawed lumber and hemlock logs. On the trial, before Ingham, P. J., the following facts appeared: By an agreement dated April 21st, 1880, Thomas L. and Win. P. Smull’sold to O. A. Seeley a certain traet of land.
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Error to the Court of Common Pleas of Sullivan county: Of July Term 1884, No. 24. Replevin, by W. C. Garey against O. A. Seeley to recover certain sawed lumber and hemlock logs. On the trial, before Ingham, P. J., the following facts appeared: By an agreement dated April 21st, 1880, Thomas L. and Win. P. Smull’sold to O. A. Seeley a certain traet of land. The agreement after describing said land and providing for the execution of a deed upon compliance with its terms, continued as follows: “It is further agreed, on the part of said Seeley, that he will peel and deliver on the cars at Dushore,…
1Opinion of the CourtJustice Trunkey
On April 21st, 1880, by articles of agreement with Smull Brothers, Seeley purchased a tract of land with right to take possession immediately. The vendors reserved all the “sawing timber” in case the vendee should fail to manufacture the same on said land as provided by the agreement. Seeley agreed to manufacture at least fifteen hundred thousand per year, to pay seventy-five cents per thousand, to be applied on tliepurehase money of the land, and upon such payment then the title to said lumber to vest in him with right to remove it from the premises. Also he was bound to peel and deliver…
2Cited by6 opinions
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- Jimenez v. AstrueDistrict Court, C.D. California · 2009
- Commonwealth v. McPhilipsSuperior Court of Pennsylvania · 1917
- Garey v. WoodwardSupreme Court of Pennsylvania · 1889
- Handley Motor Co. v. WoodSupreme Court of North Carolina · 1953
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