Walton v. Caldwell
Superior Court of Pennsylvania
Appeal, No. 84, April T., 1897, by defendants, from judgment of C. P. Westmoreland Co., May T., 1895, No. 720, on verdict for plaintiff. Assumpsit to recover price of land sold. Before Doty, P. J, The facts sufficiently appear in tire opinion of tbe court. Verdict and judgment for plaintiff for 1874.50. Defendants appealed.
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Appeal, No. 84, April T., 1897, by defendants, from judgment of C. P. Westmoreland Co., May T., 1895, No. 720, on verdict for plaintiff. Assumpsit to recover price of land sold. Before Doty, P. J, The facts sufficiently appear in tire opinion of tbe court. Verdict and judgment for plaintiff for 1874.50. Defendants appealed. Errors assigned were (1) In not refusing to affirm the plaintiff’s first point which reads as follows, to wit: “ 1. Under the pleadings and proofs in tins case the defendants allege and undertake to set up, as a bar to the plaintiff’s right to recover, that the contract…
1Opinion of the Court
Opinion by
Wickham, J.,
The plaintiff, being the owner of a town lot, agreed to sell the same to the defendants, for the price of $900, of which sum $100 were practically paid in hand. The contract is evidenced by an agreement in writing, regular and absolute on its face, and duly executed by the parties.
In due time a deed for the property was tendered to the defendants, who refused to accept it, on the ground that they had been induced to enter into the agreement by certain representations made to them by the plaintiff, some of which were false and fraudulent. These alleged representations are…
2Cited by7 opinions
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- Wetherill Bros. v. ErwinSuperior Court of Pennsylvania · 1900
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