Himeles v. Rose

Opinion by

Henderson, J.,

The court refused to enter judgment for want of a sufficient affidavit of defense; hence this appeal. The action is assumpsit for damages resulting from the alleged refusal of the defendant to perform that part of an agreement in writing for the sale of a certain parcel of real estate in Philadelphia, by the defendant to the plaintiff, wherein the former agreed to procure a mortgage on the premises for the plaintiff without cost to him, for the sum of $8,000, payable in three years. This the defendant did not do, because of which default the plaintiff was subjected to…