Gallagher v. Boden
Supreme Court of Pennsylvania
Error to the Common Pleas, No. 2, of Allegheny County to review a judgment on a verdict- for plaintiff in an action by vendor for price of land sold. The action was by John Boden against William Gallagher, and was originally brought in assumpsit, but was changed to debt.
Read the full summary
Error to the Common Pleas, No. 2, of Allegheny County to review a judgment on a verdict- for plaintiff in an action by vendor for price of land sold. The action was by John Boden against William Gallagher, and was originally brought in assumpsit, but was changed to debt. The plaintiff sought to recover the purchase money of a lot of land in Pittsburgh, sold by him to the defendant, by a written agreement of which the following is a copy: Pittsburgh, Pa., Aug. 20, 1884. Received-of William Gallagher, of Pittsburgh, Pa., the sum of $25 as part payment of ground situate on the north side of…
1Per curiam
Evidence was clearly admissible to prove that the plaintiff bought with full knowledge that the street had been located, and necessarily understood its effect on the lot he was purchasing.
The deed tendered was for the 60 feet front as specified. The contract was for “about 200” in depth. It is only 195 feet. Hnder all the facts of the case, that is not such a deficiency as to relieve the purchaser from his contract. Lie knew quite as much in regard to the size and location of the lot as the vendor did, and that the damages would accrue to him when the street should be opened.
Judgment affirmed.
2Cited by7 opinions
- ICON Group, Inc. v. Mahogany Run Development Corp.Court of Appeals for the Third Circuit · 1987
- Neighbors Of Cuddy Mountain v. United States Forest ServiceCourt of Appeals for the Ninth Circuit · 1998
- Kreider Dairy Farms, Inc., a Pennsylvania Family Farm Corporation v. Dan Glickman, Secretary of the United States Department of Agriculture, Dan Glickman, in Nos. 98-1906, (d.c. 98-Cv-00518) Kreider Dairy Farms, Inc., a Pennsylvania Family Farm Corporation v. Dan Glickman, Secretary of the United States Department of Agriculture Ahava Dairy Products Inc. Kreider Dairy Farms, Inc., in Nos. 98-1982 (d.c. 95-Cv-06648) Kreider Dairy Farms, Inc., a Pennsylvania Family Farm Corporation v. Dan Glickman, Secretary of the United States Department of Agriculture Kreider Dairy Farms, Inc., in Nos. 98-1983, (d.c. 98-Cv-00518)Court of Appeals for the Third Circuit · 1999
- In Re KNIGHTSBRIDGE DEVELOPMENT CO. INC.Court of Appeals for the Fourth Circuit · 1989
- Lee v. United StatesUnited States Court of International Trade · 2002
2 more not listed; retrieve them via the Exa API.