Lichetti v. Conway
Superior Court of Pennsylvania
Appeal, No. 74, Oct. T., 1909, by plaintiff, from judgment of C. P. No. 4, Phila. Co., March T., 1907, No. 2,365, on verdict for defendants in case of Lafayette A. R. Lichetti v. William Conway and Frank S. Elliott. Assumpsit to recover hand money paid under articles of agreement for the sale of real estate. Before Audenried, J. At the trial the court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 74, Oct. T., 1909, by plaintiff, from judgment of C. P. No. 4, Phila. Co., March T., 1907, No. 2,365, on verdict for defendants in case of Lafayette A. R. Lichetti v. William Conway and Frank S. Elliott. Assumpsit to recover hand money paid under articles of agreement for the sale of real estate. Before Audenried, J. At the trial the court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Porter, J.,
The parties entered into a written agreement, dated July 20, 1906, under the covenants of which the defendants agreed to sell and convey and the plaintiff agreed to purchase and pay for a certain property situate at No. 2005 Chestnut street, Philadelphia, for the sum of $8,000, subject to a ground rent of $25,000. The covenants required the plaintiff to pay $500 on the signing of the agreement, the balance of $7,500 in cash at the time of settlement which was to be made on or before October 1, 1906, and the ground rent of $25,000 was to remain a charge upon the property.…
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