Suker v. Conner
Superior Court of Pennsylvania
Appeal, No. 206, Oct. T., 1908, by plaintiff, from decree of C. P. No. 1, Phila. Co., March T., 1908, No. 5,859, sustaining demurrer to bill in equity in case of Gustavus W. F. Sulzer, trading as Sulzer & Company, v. James H. Conner, David R. Carson, The Central Trust & Savings Company and W. Moseley Swain, substituted trustees of the Estate of William J. Swain, deceased, The Central Trust & Savings Company, Wilson H. Brown, sheriff of Philadelphia County, and Mary B. Irwin.
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Appeal, No. 206, Oct. T., 1908, by plaintiff, from decree of C. P. No. 1, Phila. Co., March T., 1908, No. 5,859, sustaining demurrer to bill in equity in case of Gustavus W. F. Sulzer, trading as Sulzer & Company, v. James H. Conner, David R. Carson, The Central Trust & Savings Company and W. Moseley Swain, substituted trustees of the Estate of William J. Swain, deceased, The Central Trust & Savings Company, Wilson H. Brown, sheriff of Philadelphia County, and Mary B. Irwin. Bill in equity for specific performance and for a conveyance. Demurrer to bill. The principal averments of the bill and…
1Opinion of the Court
Opinion by
Henderson, J.,
This case comes before us on an appeal from the judgment of the court below sustaining a demurrer to the plaintiff’s bill. The averments of the bill are therefore taken to be admitted in the present consideration of the case. What, then, are the material facts alleged?
The defendant, Conner, was engaged in a building operation in the city of Philadelphia, which involved the erection of 157 houses. While that work was in progress he entered into, a contract in writing with the plaintiff to furnish and attach the gas fixtures called for by the plans of the houses, *320as a…
2Cases cited9 opinions
- Collins ex rel. Hill v. London Assurance Corp.Supreme Court of Pennsylvania · 1895
- Garrett v. DewartSupreme Court of Pennsylvania · 1862
- Seichrist's AppealSupreme Court of Pennsylvania · 1870
- Scheerer v. StanleySupreme Court of Pennsylvania · 1830
- Goodwin v. McMinnSupreme Court of Pennsylvania · 1899
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