Schwoerdfeger v. Kelly
Supreme Court of Pennsylvania
Appeal, No. 261, Jan. T., 1908, by plaintiff, from decree of C. P. No 5, Phila. Co., March T., 1908, No. 5,014, dismissing bill in equity in case of Charles Schwoerdfeger v. John J. Kelly and Catharine Kelly, his wife. Bill in equity for specific performance. Before Staake, J. The facts are stated in the opinion of the Supreme Court. Error assigned was decree dismissing the bill. ■■
1Opinion of the Court
Per Curiam,
The bill in this case was for the specific performance by a husband and wife of a contract for the sale of real estate of the former. It is averred in the bill that the husband agreed in writing to sell a house for $4,500, of which amount $10.00 was to be paid when the agreement was signed; that at his request the payment was deferred until he could inform his wife of his agreement; that eleven days later, after he had informed her of the agreement, $10.00 on account of the purchase money “was paid to and received by him at his residence in this city in the presence of his said…
2Cited by4 opinions
- Detwiler v. CaponeSupreme Court of Pennsylvania · 1947
- Polka v. MaySupreme Court of Pennsylvania · 1955
- Vande Berg v. Vanden BoschMichigan Supreme Court · 1928
- Ritter v. Relly, Pennsylvania Court of Common Pleas, Northampton County1923