Hovey v. Howard
Supreme Court of Pennsylvania
Appeal, No. 336, Jan. T., 1895, by defendant, James Howard, from decree of C. P. No. 1, Phila. Co., March T., 1891, No. 427, on bill in equity. Bill in equity for the rescission of an oral contract for the sale of land.
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Appeal, No. 336, Jan. T., 1895, by defendant, James Howard, from decree of C. P. No. 1, Phila. Co., March T., 1891, No. 427, on bill in equity. Bill in equity for the rescission of an oral contract for the sale of land. The master found the facts to be as follows: In 1888 plaintiff was the owner of certain land in the Twenty-eighth ward of the city of Philadelphia, bounded by Hunting Park avenue or Nicetown lane, land of George W. Blabon, the Philadelphia & Reading Railroad and land of George W. Carpenter. The land fronting on Nicetown lane had been partly improved and built upon, and a part…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
We fire unable to discover any particular force in the contention that the bill should have been dismissed on the ground that Howard had no notice, before it was filed, of Hovey’s purpose to rescind the contract. Howard had assigned to James T. Richards, by deed dated November 30, 1889, and duly recorded in the proper office, whatever interests he acquired under his contract with Hovey. Before the institution of the suit Hovey had tendered to Richards all the money he had received from Howard on account of the contract, and it is clear that in the event of…
2Cited by1 opinion
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