Johnston v. Callery
Supreme Court of Pennsylvania
Appeal No. 215, Oct. T., 1895, by plaintiffs, from order of C. P. No. 8, Allegheny Co., May T., 1895, No. 248, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit upon an agreement to sell real estate. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal No. 215, Oct. T., 1895, by plaintiffs, from order of C. P. No. 8, Allegheny Co., May T., 1895, No. 248, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit upon an agreement to sell real estate. Rule for judgment for want of a sufficient affidavit of defense. Plaintiffs averred in their statement that on May 2, 1893, defendant agreed in writing to purchase two lots of ground in the 23d ward of the city of Pittsburg for the sum of $20,000. They averred that they had tenderd to defendant a good and sufficient deed for the property and that they had kept…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
It may be conceded that a prima facie case for the plaintiffs is presented in their statement of claim and exhibit appended thereto. The questions for consideration are, therefore, whether any of the material averments therein are sufficiently traversed or denied by the affidavits of defense, or whether any independent ground of defense, sufficient to carry the case to a jury, is presented in said affidavits. If so, judgment for want of ' sufficient affidavit of defense was rightly refused.
In passing on such questions as these, the invariable rule is that…
2Cases cited6 opinions
- Williamsport R. Co. v. Phila. R. Co.Supreme Court of Pennsylvania · 1891
- Davis v. Titusville & Oil City Railway Co.Supreme Court of Pennsylvania · 1886
- Beale v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1878
- Wadhams v. Lackawanna & Bloomsburg RailroadSupreme Court of Pennsylvania · 1862
- Knerr v. BradleySupreme Court of Pennsylvania · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Dilts v. Plumville RailroadSupreme Court of Pennsylvania · 1909
- Summers v. Midland Co.Supreme Court of Minnesota · 1926
- Johnston v. CallerySupreme Court of Pennsylvania · 1898
- Standard Plate Glass Co. v. Butler Water Co.Superior Court of Pennsylvania · 1897
- Ferguson v. Pittsburgh & Shawmut RailroadSupreme Court of Pennsylvania · 1916
9 more not listed; retrieve them via the Exa API.