Siltzell v. Michael
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. William Michael against William Siltzell. In this action the plaintiff declared in indebitatus assumpsit for $425, the price of a house and lot sold and conveyed by him to the defendant; for money had and received to the same amount; and for a balance of account settled.
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ERROR to the Common Pleas of Dauphin county. William Michael against William Siltzell. In this action the plaintiff declared in indebitatus assumpsit for $425, the price of a house and lot sold and conveyed by him to the defendant; for money had and received to the same amount; and for a balance of account settled. The plaintiff proved that on the 19th of April 1836 he sold the house and lot to the defendant for the sum of $425, out of which the judgments against the vendor and some advancements by the vendee were to be paid, and the balance to the plaintiff. The scrivener who wrote the deed…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The first bill of exceptions to evidence taken by the defendant below, was founded on an objection to the competency of the plaintiff to prove notice to the defendant to produce certain deeds, but has not been urged on the argument here. It has been decided, in several cases, that the plaintiff in the cause is á witness to prove the service of notice on the opposite party.
The second bill of exceptions contains the defendant’s allegation, that indebitatus assumpsit will not lie to recover the purchase money of land sold and conveyed to the…
2Cases cited1 opinion
- Kachlein v. RalstonSupreme Court of Pennsylvania · 1795
3Cited by4 opinions
- Rogers v. VerlanderWest Virginia Supreme Court · 1888
- Kachlein v. RalstonSupreme Court of Pennsylvania · 1795
- Lloyd v. LynchSupreme Court of Pennsylvania · 1857
- Barry v. WhiteSupreme Court of Pennsylvania · 1868