Legal Opinion

Perkinpine v. Hogan

Superior Court of Pennsylvania

Decided May 11, 1911No. Appeal, No. 257PublishedCited by 15 opinions

Appeal, No. 257, Oct. T., 1910, by defendant, from order of C. P. No. 4, Phila. Co., June T., 1910, No. 1,347, making absolute rule for judgment for want of a sufficient affidavit of defense in case of David It. Perkinpine v. Michael J. and Lettia P. Hogan. Assumpsit to recover down payment on a contract for the sale of real estate. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 257, Oct. T., 1910, by defendant, from order of C. P. No. 4, Phila. Co., June T., 1910, No. 1,347, making absolute rule for judgment for want of a sufficient affidavit of defense in case of David It. Perkinpine v. Michael J. and Lettia P. Hogan. Assumpsit to recover down payment on a contract for the sale of real estate. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.

1Opinion of the Court

Opinion by

Rice, P. J.,

This appeal is from judgment for want of sufficient affidavit of defense in an action of assumpsit brought to recover the down payment made by the plaintiff to the defendant upon a contract for the sale of real estate, consisting of eight lots and dwelling houses. The contract stipulated that the settlement be made on or before a specified date, and that the title be free and clear of all incumbrances, easements, mechanics’ and municipal liens and building restrictions, and be such as will be insurable *24at regular rates by the title insurance companies. It further…

2Cases cited4 opinions

  1. Memmert v. McKeenSupreme Court of Pennsylvania · 1886
  2. Batley v. FoerdererSupreme Court of Pennsylvania · 1894
  3. Lafferty v. MilliganSupreme Court of Pennsylvania · 1895
  4. Howell v. Northampton RailroadSupreme Court of Pennsylvania · 1905

3Cited by15 opinions

  1. LEH v. BURKESuperior Court of Pennsylvania · 1974
  2. Merritz v. CircelliSupreme Court of Pennsylvania · 1949
  3. Ritter v. HillSupreme Court of Pennsylvania · 1924
  4. Ephrata Area School District v. County of LancasterCommonwealth Court of Pennsylvania · 2005
  5. Rose v. Mitsubishi International Corp.District Court, E.D. Pennsylvania · 1976

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