McNeile v. Cridland
Supreme Court of Pennsylvania
Appeal, No. 89, July T., 1894, by defendants, from judgment of C. P. No. 2, Philadelphia Co.,. March T., 1893, No. 70, on verdict for plaintiff. Scire facias sur mortgage. Before Pennypacker, J. At the trial, it appeared that defendants purchased from plaintiff a house, 2220 North Sixteenth street in the city of Philadelphia, upon representations made by plaintiff’s agent, William F. Locker.
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Appeal, No. 89, July T., 1894, by defendants, from judgment of C. P. No. 2, Philadelphia Co.,. March T., 1893, No. 70, on verdict for plaintiff. Scire facias sur mortgage. Before Pennypacker, J. At the trial, it appeared that defendants purchased from plaintiff a house, 2220 North Sixteenth street in the city of Philadelphia, upon representations made by plaintiff’s agent, William F. Locker. The substance of these representations are stated in the opinion of the Supreme Court. The court charged as follows: “ Unfortunately, in this ease, the vendee has made a purchase-of a house which has not…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrert,
In directing a verdict in favor of plaintiff for balance due on the purchase money mortgage in suit, the learned trial judge evidently proceeded on the assumption that the testimony introduced by defendants was wholly insufficient to sustain any defense whatever to plaintiff’s claim or any part thereof. This assumption we think was un warranted. The testimony referred to presents questions of fact which should have been submitted to the jury. It tends to prove, among other things, that in purchasing the mortgaged premises the defendants -relied on…
2Cases cited5 opinions
- Brooke v. New York, Lake Erie, & Western R. R.Supreme Court of Pennsylvania · 1885
- Keough v. LeslieSupreme Court of Pennsylvania · 1880
- Caley v. Philadelphia & Chester County RailroadSupreme Court of Pennsylvania · 1876
- Smalley v. MorrisSupreme Court of Pennsylvania · 1893
- Penn. Natural Gas Co. v. CookSupreme Court of Pennsylvania · 1889
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- Bayne v. Proctor & Gamble Distributing Co.Superior Court of Pennsylvania · 1925
- Ohlbaum v. MayerSupreme Court of Pennsylvania · 1925
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