Clever v. Clever
Superior Court of Pennsylvania
Appeal, No. 13, March T., 1908, by plaintiff, from judgment of C. P. Cumberland Co., May T., 1907, No. 441, on verdict for defendant in case of Joseph Clever v. Conrad Clever. Foreign attachment in assumpsit.
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Appeal, No. 13, March T., 1908, by plaintiff, from judgment of C. P. Cumberland Co., May T., 1907, No. 441, on verdict for defendant in case of Joseph Clever v. Conrad Clever. Foreign attachment in assumpsit. Before Sadler, P. J. The court charged in part as follows: The plaintiff in this case has brought the present action to recover from the defendant the sum of $150 paid him on October 15, 1904, on a contract which he, the defendant, Conrad Clever, made on that day to sell him a farm in Southampton township, Cumberland county. The agreement of sale so signed by the defendant, a copy of…
1Opinion of the Court
Opinion by
Head, J.,
The fundamental error, into which the learned trial judge fell, was in disposing of the case as if the agreement, out of which the contention of the parties arose, had been reduced to writing and duly executed by both of them. No such paper appeared either in the pleadings or the evidence. The plaintiff declared that, by an oral agreement, he had undertaken to buy, from the defendant, a tract of land owned by the latter on certain terms and conditions assented to by both, and in pursuance of that agreement had paid $150 on account of the purchase money. He averred that by…
2Cases cited5 opinions
- Bowser v. CessnaSupreme Court of Pennsylvania · 1869
- Pepper v. DeakyneSupreme Court of Pennsylvania · 1905
- Freeman v. HusbandSupreme Court of Pennsylvania · 1875
- Weast v. DerrickSupreme Court of Pennsylvania · 1882
- Hare v. BedellSupreme Court of Pennsylvania · 1881
3Cited by2 opinions
- American Mechanical Corp. v. Union MacHine Co. of Lynn, Inc.Massachusetts Appeals Court · 1985
- Wolfson v. Gicas, Pennsylvania Court of Common Pleas, Schuylkill County1953