Wasserman v. Steinman
Supreme Court of Pennsylvania
Time being of the essence of the contract, and plaintiff having defaulted in performance at the time required, plaintiff’s deposit was ipso facto foxffeited as liquidated damages in accordance with the texmxs of the contract: Doughty v. Cooney, 266 Pa. 337; Mansfield v. Redding, 269 Pa. 357; Vito v. Birkel, 209 Pa. 206. Plaintiff acquired no new contx^actual rights after his default by virtue of the alleged letter from defendants’ attorney to the effect that plaintiff would…
Read the full summary
Time being of the essence of the contract, and plaintiff having defaulted in performance at the time required, plaintiff’s deposit was ipso facto foxffeited as liquidated damages in accordance with the texmxs of the contract: Doughty v. Cooney, 266 Pa. 337; Mansfield v. Redding, 269 Pa. 357; Vito v. Birkel, 209 Pa. 206. Plaintiff acquired no new contx^actual rights after his default by virtue of the alleged letter from defendants’ attorney to the effect that plaintiff would be held liable for his default: Holt v. McWilliams, 21 Pa. Superior Ct. 137; Watkins v. Neff, 288 Pa. 316. Plaintiff…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
On December 13, 1928, the defendants, Benjamin Steinman and wife and Morris Lesse and wife, executed an agreement as parties of the first part with the plaintiff, Edward Wasserman, as party of the second part, to sell and convey to him a certain piece of land situate on the northwest corner of Fox’ty-seventh and Walnut Streets, Philadelphia, having a frontage of two hundred and fifty feet on Walnut Sti’eet and depth of one hundred and fifteen feet, for the price of $175,000; to be paid $5,000 presently by designated checks called deposits, $100,000 by the…
2Cases cited9 opinions
- Sanders v. BrockSupreme Court of Pennsylvania · 1911
- Vito v. BirkelSupreme Court of Pennsylvania · 1904
- Schuldt v. Reading Trust Co.Supreme Court of Pennsylvania · 1928
- Hopp v. BergdollSupreme Court of Pennsylvania · 1925
- Shilanski v. FarrellSuperior Court of Pennsylvania · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Empire Properties, Inc. v. Equireal, Inc.Superior Court of Pennsylvania · 1996
- Shumaker v. LEARSuperior Court of Pennsylvania · 1975
- Kaufman Hotel & Restaurant Co. v. ThomasSupreme Court of Pennsylvania · 1963
- Bedillion v. WA Wilson Stave Co., Inc.Superior Court of Pennsylvania · 1979
- Northeast Land Development, LLC v. City of ScrantonDistrict Court, M.D. Pennsylvania · 2010
5 more not listed; retrieve them via the Exa API.