Tyson v. Eyrick
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS OF CHESTER COUNTY. July Term 1890, Sup. Ct.; court below, number and term not shown. On May 6, 1889, Carroll S. Tyson and William H. Reeves, trustees, brought assumpsit against James R. Eyrick, to recover $4,000, with interest from November 22, 1888, alleged to be due from tbe defendant as a balance of purchase money upon a parol contract for the sale of a lot of ground in Phosnixville.
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APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS OF CHESTER COUNTY. July Term 1890, Sup. Ct.; court below, number and term not shown. On May 6, 1889, Carroll S. Tyson and William H. Reeves, trustees, brought assumpsit against James R. Eyrick, to recover $4,000, with interest from November 22, 1888, alleged to be due from tbe defendant as a balance of purchase money upon a parol contract for the sale of a lot of ground in Phosnixville. Tbe defendant pleaded non-assumpsit, payment and set-off. Afterwards, tbe plaintiffs put on file a deed from themselves to the defendant, for tbe lot alleged…
1Opinion of the Court
Opinion,
Mr. Justice Clabk :
This action was brought to recover the balance of purchase money upon a parol contract for the sale of a lot of ground fifty feet in front on Main street, in the borough of Phoenix-ville, the title to which is in the plaintiffs, as trustees for the Phcenix Iron Company. The contract was made with the defendant on the first day of September, 1888, through one Armory Coffin, the chief engineer of the company. The terms of the contract are stated in a memorandum contained in the .chief engineer’s note-book, as follows: “9 — 1, 88; Mr. James R. Eyrick agrees to take the…
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