White v. Price
Supreme Court of Pennsylvania
Appeal, No. 15, Jan. T., 1901, by defendant, from judgment of C. P. Chester Co., Aug. T., 1900, No. 18, on verdict for plaintiff in case of Mary E. White v. Joseph Price. Assumpsit to recover the purchase price of a farm. At the trial plaintiff claimed to recover a balance of purchase money for seventy-seven acres of land which she had sold to defendant. The latter claimed an allowance for a shortage for six and three hundredths acres of the land.
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Appeal, No. 15, Jan. T., 1901, by defendant, from judgment of C. P. Chester Co., Aug. T., 1900, No. 18, on verdict for plaintiff in case of Mary E. White v. Joseph Price. Assumpsit to recover the purchase price of a farm. At the trial plaintiff claimed to recover a balance of purchase money for seventy-seven acres of land which she had sold to defendant. The latter claimed an allowance for a shortage for six and three hundredths acres of the land. The agreement between the parties was as follows: “ Whitford, Pa., 1/13,1900. “Received of Dr. Joseph Price his check dated 1/12, 1900, for $200,…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The dispute in this case, is as to the meaning of a written contract of sale.
The court below construed it as a sale of the farm as a whole, for the sum of $7,700.
The appellant contends that this was wrong, and claims that he purchased seventy-seven acres of land, at the price of $100 per acre, and as a survey showed that the tract fell short by over six acres, he claims an abatement of the purchase money, to that extent.
Whatever may have been the intention of the appellant, he certainly did not stipulate in the article of agreement for a purchase of land at so…
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