Berger v. Weinstein
Superior Court of Pennsylvania
Appeal, No. 318, Oct. T., 1914, by defendant, from judgment of O. P. No. 1, Philadelphia Co., Sept. T., 1912, No. 3274, on verdict for plaintiff in case of Max Berger v. Charles Weinstein, et al. Assumpsit for breach of covenant. Before Patterson, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $283.53. Defendant appealed.
Read the full summary
Appeal, No. 318, Oct. T., 1914, by defendant, from judgment of O. P. No. 1, Philadelphia Co., Sept. T., 1912, No. 3274, on verdict for plaintiff in case of Max Berger v. Charles Weinstein, et al. Assumpsit for breach of covenant. Before Patterson, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $283.53. Defendant appealed. Error assigned was in refusing-defendant’s motion for judgment n. o. v. There was no breach of the covenant against encumbrances: Real Est. Corporation v. Harper, 174 N. Y. 123; Cemansky v. Fitch, 121 Iowa 186; Newcomb v.…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s action is brought on the implied covenant against encumbrances and for quiet enjoyment arising from the words “grant, bargain and sell” in a conveyance of real estate. The defendants were the owners of a house and lot on Seventh street in the City of Philadelphia. Desiring to convert the attic into rooms and to make certain changes in the first story a contract was entered into by Albert H. Lieberman, in behalf of himself and his cotenants, with a contractor for the improvements proposed. The general plan included the heightening of a party wall to the…
2Cases cited6 opinions
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
- Webb v. AlexanderNew York Supreme Court · 1831
- Lafferty v. MilliganSupreme Court of Pennsylvania · 1895
- Cemansky v. FitchSupreme Court of Iowa · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Gulf Refining Co. v. FetschanCourt of Appeals for the Sixth Circuit · 1942
- Marathon Builders, Inc. v. PolingerCourt of Appeals of Maryland · 1971
- Monti v. TangoraAppellate Court of Illinois · 1981
- Brunke v. PharoWisconsin Supreme Court · 1958
- Domer v. SleeperAlaska Supreme Court · 1975
9 more not listed; retrieve them via the Exa API.