Barnes v. Pickett Hardware Co.
Supreme Court of Pennsylvania
Appeal, No. 129, Jan. T., 1902, by defendant, from judgment óf C. P. Warren Co., Dec. T., 1899, No. 23, on verdict for plaintiff in case of Ada A. Barnes v. Pickett Hardware Company, Limited. Assumpsit on a promissory note. Before Criswell, P. J. The facts are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict for plaintiff for $7,000, upon which judgment was entered for $6,714.90, all in excess having been “remitted.
1Opinion of the Court
Opinion by
Mr. Justice Mitcheli;,
Appellant purchased from one Pickett certain real estate, subject to specified liens which appellant assumed, but to be cleared of other liens by the vendor. For the balance due appellant gave the note in suit, payable in six months, “ Provided all liens not assumed in the purchase of the warehouse property from the said Pickett & Company are then paid, or removed, and if not then so removed, payment is to be made as and when they are removed.” The six months having then expired, the note matured March 29, 1892, but suit was not brought until September, 1899.…
2Cases cited6 opinions
- Landis v. RothSupreme Court of Pennsylvania · 1885
- Burr v. BurrSupreme Court of Pennsylvania · 1856
- Rosencrance v. JohnsonSupreme Court of Pennsylvania · 1899
- Barclay's AppealSupreme Court of Pennsylvania · 1870
- Steele's Administrators v. SteeleSupreme Court of Pennsylvania · 1855
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3Cited by9 opinions
- Bell, Secy. of Banking v. BradySupreme Court of Pennsylvania · 1943
- Quaker City Chocolate & Confectionery Co. v. Delhi-Warnock Building Ass'nSupreme Court of Pennsylvania · 1947
- Citicorp North America, Inc. v. ThorntonSuperior Court of Pennsylvania · 1998
- White v. Pittsburgh Vein Coal Co.Supreme Court of Pennsylvania · 1920
- Kaufmann's EstateSupreme Court of Pennsylvania · 1928
4 more not listed; retrieve them via the Exa API.