Summerson v. Hicks
Pennsylvania Court of Common Pleas, Clinton County
No. 343 January Term 1891, Sup. Ct.; court below, No. 133 May Term 1886, C. P. On July 5, 1890, the remittitur of Summerson v. Hicks, 134 Pa. 566, having been filed, the court below, upon the petition of John Summerson, the plaintiff, gave leave to said plaintiff to pay into court the amount tendered to the defendants, with interest, to wit, $157. Eo die, said amount paid into court.
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No. 343 January Term 1891, Sup. Ct.; court below, No. 133 May Term 1886, C. P. On July 5, 1890, the remittitur of Summerson v. Hicks, 134 Pa. 566, having been filed, the court below, upon the petition of John Summerson, the plaintiff, gave leave to said plaintiff to pay into court the amount tendered to the defendants, with interest, to wit, $157. Eo die, said amount paid into court. On September 13, 1890, the defendants filed their petition setting forth that they were willing to accept the money paid in, as the balance due them on the property replevied ; asking for a rule to show cause why…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
This case is governed by the decision already made when it was here before : 134 Pa. 566. It was then held that the contract was one of sale, and that the title and the right of possession were in the vendor from April 1,1886, until payment in full of the purchase money, or, of course, its equivalent, a tender duly maintained. The action was replevin, and, as it *349stood when it was first tried in the court below, the plaintiff was endeavoring to retain the possession without either payment or a proper tender. This court decided that under the contract and the…
2Cases cited2 opinions
- Philadelphia & Reading Railroad v. Getz & Getz & Co.Supreme Court of Pennsylvania · 1886
- Summerson v. HicksSupreme Court of Pennsylvania · 1890
3Cited by2 opinions
- Harmony Creamery Co. v. BickertonSuperior Court of Pennsylvania · 1914
- Dragovich v. Greek Catholic Union of U. S. A., Inc.Superior Court of Pennsylvania · 1942