Caton v. Wellershouse
Superior Court of Pennsylvania
Appeal, No. 116, April T., 1920, by plaintiff, from decree of C. P. Allegheny County, July T., 1918, No. 1156, dismissing bill in equity in the case of Martin J. Catón v. Fred William Oscar Wellershouse and Emma Wellershouse, his wife. Bill in equity to compel specific performance in the sale of real estate and personal property. Before Shafer, J. The facts are stated in the opinion of the Superior Court.. The court dismissed the bill. Plaintiff appealed.
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Appeal, No. 116, April T., 1920, by plaintiff, from decree of C. P. Allegheny County, July T., 1918, No. 1156, dismissing bill in equity in the case of Martin J. Catón v. Fred William Oscar Wellershouse and Emma Wellershouse, his wife. Bill in equity to compel specific performance in the sale of real estate and personal property. Before Shafer, J. The facts are stated in the opinion of the Superior Court.. The court dismissed the bill. Plaintiff appealed. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Trexler, J.,
On April 2, 1918, the parties to this suit entered into a written contract wherein the defendants agreed to convey a farm situate in Hancock County, West Virginia, “with all the stock and tools thereto,” therein enumerated, in exchange for the property of the plaintiff situate at No. 145 Noble Avenue, Crafton, Pennsylvania, including certain lodge furniture located on said premises. As stated in the agreement, both properties were subject to mortgages, that in Crafton to one of $9,500, several years past due, and a second of $1,000 which still had two years to run. The…
2Cases cited2 opinions
- Friend v. LambSupreme Court of Pennsylvania · 1893
- Meehan v. OwensSupreme Court of Pennsylvania · 1900
3Cited by5 opinions
- Byrne's EstateSuperior Court of Pennsylvania · 1936
- Levy's EstateSupreme Court of Pennsylvania · 1922
- Ginsburg v. CollinsSuperior Court of Pennsylvania · 1924
- Bassett v. Coren, Pennsylvania Court of Common Pleas, York County1965
- Tobias EstatePennsylvania Orphans' Court, Philadelphia County · 1949