Hausman v. Johnson
Superior Court of Pennsylvania
Appeal, No. 58, Oct. T., 1906, by defendant, from order of C. P. No. 1, Phila. Co., Dec. T., 1905, No. 3,250, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Sophie Hausman v. Helen S. Johnson. Assumpsit for the return of purchase money paid on account of real estate and for the expenses of searches. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 58, Oct. T., 1906, by defendant, from order of C. P. No. 1, Phila. Co., Dec. T., 1905, No. 3,250, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Sophie Hausman v. Helen S. Johnson. Assumpsit for the return of purchase money paid on account of real estate and for the expenses of searches. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Oblady, J.,
The plaintiff and defendant, on September 25,1905, entered *341into an agreement in writing for the sale and purchase of two parcels of real estate for the sum of $3,800. The sum of $50.00 was paid at the execution of the agreement, and payment of the balance was provided for through a settlement to be had within sixty days. This controversy arises over the concluding provisions of the agreement, viz : “ The premises are to be conveyed clear of incumbrance. Possession is to be given by the existing monthly leas'es. The title is to be good and marketable.” Upon a search of the…
2Cases cited5 opinions
- Eberz v. HeislerSuperior Court of Pennsylvania · 1900
- Appeal of HoltSupreme Court of Pennsylvania · 1881
- Hatton v. JohnsonSupreme Court of Pennsylvania · 1877
- Boyd v. McCulloughSupreme Court of Pennsylvania · 1890
- Davis v. StuardSupreme Court of Pennsylvania · 1882
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- Long v. Holben, Pennsylvania Court of Common Pleas, Lehigh County1939