Tonkin v. Baum
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cambria county: Of October Term 1886, No. 191. This was an action in debt brought by John B. Baum, to recover from Y. Tonkin the sum of $1,800 alleged to be a balance of purchase money due from him on an undivided interest in a tract of laud sold by the plaintiff to the defendant and one R. C. McCurdy, who afterwards assigned his interest to Hipps & Lloyd by articles of agreement dated May 24th, 1873. By this agreement the plaintiff…
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Error to the Court of Common Pleas of Cambria county: Of October Term 1886, No. 191. This was an action in debt brought by John B. Baum, to recover from Y. Tonkin the sum of $1,800 alleged to be a balance of purchase money due from him on an undivided interest in a tract of laud sold by the plaintiff to the defendant and one R. C. McCurdy, who afterwards assigned his interest to Hipps & Lloyd by articles of agreement dated May 24th, 1873. By this agreement the plaintiff agreed to sell to the second parties therein a tract of land, containing between ninety and one hundred acres, more or less,…
1Opinion of the CourtJustice Paxson
It is among the undisputed facts in this case that when the plaintiff below settled with Tonkin and Lloyd on August 19th, 1876, for the tract of timber land in controversy, there was due plaintiff, of unpaid purchase money, the sum of $2,875.00. A considerable portion of the purchase money had before that time been paid under the contract of 24th of May, 1873. Ton-kins (defendant below) was anxious to have a deed of the land from the plaintiff in order to make title to the timber which he expected to sell, and did afterwards sell to H. Merryman & Sons, of Williamsport. When, therefore, the…
2Cited by11 opinions
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- Regina S. Kucera v. Metropolitan Life Insurance CoCourt of Appeals for the Third Circuit · 1983
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