Eberz v. Heisler
Superior Court of Pennsylvania
Appeal, No. 97, Oct. T., 1899, by defendant, from judgment of O. P. No. 8, Pliila. Co., June T., 1898, No. 449, in favor of plaintiff for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc.
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Appeal, No. 97, Oct. T., 1899, by defendant, from judgment of O. P. No. 8, Pliila. Co., June T., 1898, No. 449, in favor of plaintiff for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc. It appears from the record that this action was assumpsit brought to recover the sum of $100, being the amount paid on account of the purchase of a house, and also the sum of $40.75 paid for drawing deeds, searches, etc., for said house. Other essential facts appear from the opinion of the court. The court made absolute rule…
1Opinion of the Court
Opinion by
Smith, J.,
The declaration sets forth a written contract, made March 15, 1898, whereby the defendant, in consideration of $4,600, of which $100 was then paid, sold and agreed to convey to the plaintiff certain land, “ clear of incumbrances, title to be good and marketable, possession to be given at final settlement, about April first next; ” that “ defendant made default in the performance of her said contract, and could not or would not convey a good and marketable title to the said premises, clear of incum*391brances, to the plaintiff, although often requested so to do by the…
2Cases cited17 opinions
- Rineer v. CollinsSupreme Court of Pennsylvania · 1893
- Irvin v. BleakleySupreme Court of Pennsylvania · 1871
- Bitner v. BroughSupreme Court of Pennsylvania · 1849
- Henry v. RaimanSupreme Court of Pennsylvania · 1855
- Lee v. DeanSupreme Court of Pennsylvania · 1838
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Detwiler v. CaponeSupreme Court of Pennsylvania · 1947
- Kaufmann v. KirkerSuperior Court of Pennsylvania · 1903
- Martin Et Ux. v. Cybulski Et Ux.Supreme Court of Pennsylvania · 1924
- Ephrata Water Co. v. BoroughSuperior Court of Pennsylvania · 1902
- Frechie Et Ux. v. BoydSuperior Court of Pennsylvania · 1930
19 more not listed; retrieve them via the Exa API.