Landis v. Shapley
Superior Court of Pennsylvania
Appeal, No. 12, March T., 1922, by plaintiff, from judgment of C. P. Cumberland Co., May T., 1920, No. 456, refusing to take off nonsuit, in the case of Grace Landis v. William Shapley, Mrs. Clara B. Stough, George R. Hykes and William M. Hykes. Assumpsit on an alleged oral contract. Before Maust, P. J. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit, which it subsequently refused to take off. Plaintiff appealed.
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Appeal, No. 12, March T., 1922, by plaintiff, from judgment of C. P. Cumberland Co., May T., 1920, No. 456, refusing to take off nonsuit, in the case of Grace Landis v. William Shapley, Mrs. Clara B. Stough, George R. Hykes and William M. Hykes. Assumpsit on an alleged oral contract. Before Maust, P. J. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit, which it subsequently refused to take off. Plaintiff appealed. Error assigned was the judgment of the court. Parties interested in the subject-matter of a contract are bound by its terms, whether…
1Opinion of the Court
Opinion by
Linn, J.,
Plaintiff and the four defendants all acting as parties of the first part, agreed in writing with one Kirssen, to sell him certain real estate for $19,500, of which $1,500 was payable to the plaintiff for the “surrender......of a certain agreement of purchase” of the same real estate, and $18,000 to the defendants who owned the property but had previously agreed to sell it by the agreement now *514to be surrendered by the plaintiff, the purpose being to substitute one purchaser for another.
After the agreement was performed by the conveyance to Kirssen, plaintiff brought this…
2Cases cited2 opinions
- Boltz v. MuehlhofSuperior Court of Pennsylvania · 1908
- Cluck v. LackeySuperior Court of Pennsylvania · 1921