Logan v. Bauer
Superior Court of Pennsylvania
Appeal, No. 143, October T., 1914, by. plaintiff, from decree of C. P. No. 1, Philadelphia Co., December T., 1911, No. 2905, dismissing bill in. equity in case of Albanus C. Logan, et al., v. Henry W. Bauer and City of Philadelphia. Bill in equity for an injunction. The facts are stated in the opinion of the Superior Court. Error assigned was decree of the court.
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Appeal, No. 143, October T., 1914, by. plaintiff, from decree of C. P. No. 1, Philadelphia Co., December T., 1911, No. 2905, dismissing bill in. equity in case of Albanus C. Logan, et al., v. Henry W. Bauer and City of Philadelphia. Bill in equity for an injunction. The facts are stated in the opinion of the Superior Court. Error assigned was decree of the court. The bill, which is admitted by the demurrer, shows that the defendant is liable on his contract with the plaintiffs to dedicate Louden street. He alleges that plaintiffs have an adequate remedy at law by an ultimate action of…
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff’s bill recites that they entered into an agreement in writing with the defendant for the sale of two pieces of ground, in which agreement provision was made for the opening of a street, named Louden street. One-half of the land covered by said unopened street was retained by the vendors and the other half was included in the land purchased by Bauer. The words, “which it is intended to open to public use,” referring to Louden street, had been inserted, but they were subsequently omitted and Bauer wrote upon a slip of paper the words, “the clause, ‘which it…
2Cases cited5 opinions
- Gamble v. PhiladelphiaSupreme Court of Pennsylvania · 1894
- McGuire v. Wilkes-BarreSuperior Court of Pennsylvania · 1908
- Denny v. FronheiserSupreme Court of Pennsylvania · 1903
- Richardson v. City of McKeesportSuperior Court of Pennsylvania · 1901
- Smith v. Union Switch & Signal Co.Superior Court of Pennsylvania · 1901