Legal Opinion

Henry v. Black

Supreme Court of Pennsylvania

Decided January 2, 1906No. Appeal, No. 198PublishedCited by 9 opinions

Appeal, No. 198, Oct. T., 1905, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., July T., 1903, No. 585, dismissing bill in equity in case of D. F. Henry and Annie E. Henry, his wife, in right of Annie E. Henry, v. Sarah Black, The Union Realty Company, Robert J. Coylé, •Jr., Andrew W. Mellon and William Witherow. Bill in equity for specific performance. Before Shafer, J. Hearing on bill, answer and proofs.

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Appeal, No. 198, Oct. T., 1905, by plaintiffs, from decree of C. P. No. 2, Allegheny Co., July T., 1903, No. 585, dismissing bill in equity in case of D. F. Henry and Annie E. Henry, his wife, in right of Annie E. Henry, v. Sarah Black, The Union Realty Company, Robert J. Coylé, •Jr., Andrew W. Mellon and William Witherow. Bill in equity for specific performance. Before Shafer, J. Hearing on bill, answer and proofs. In addition to tbe fact as stated in tbe opinion of the Supreme Court the court below found that on June 5, 1903, two days before the expiration of the option, the appellant…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

When this case was before us a year ago it was on appeal from the decree of the court below sustaining the demurrer of the defendants. In reversing that decree our late Brother Dean set forth the material averments of the bill, admitted by the demurrer to be true. They were, in his words (210 Pa. 245) : “ That Sarah L. Black, one of the defendants, on January 7 and for years prior thereto was the owner in fee simple of a lot of ground on the corner of Smithfield street and Virgin al^r in the city of Pittsburg, known as the Hotel Duquesne property ; that plaintiffs…

2Cases cited4 opinions

  1. Minneapolis & St. Louis Railway v. Columbus Rolling MillSupreme Court of the United States · 1886
  2. Carr v. DuvalSupreme Court of the United States · 1840
  3. Orr v. HodgsonSupreme Court of the United States · 1819
  4. Henry v. BlackSupreme Court of Pennsylvania · 1904

3Cited by9 opinions

  1. Weyerhaeuser Timber Co. v. First National BankOregon Supreme Court · 1934
  2. Island Pond National Bank v. LacroixSupreme Court of Vermont · 1932
  3. Warner Bros. Theatres, Inc. v. ProffittSupreme Court of Pennsylvania · 1938
  4. Barnes v. ReaSupreme Court of Pennsylvania · 1908
  5. Butsch v. SwallowIndiana Court of Appeals · 1922

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