Holmes v. Woods
Supreme Court of Pennsylvania
Appeal, No. 321, Oct. T., 1894, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., June T., 1894, No. 688; for defendants, on case stated. Assumpsit to recover balance of purchase money under articles of agreement for the sale of land.
Read the full summary
Appeal, No. 321, Oct. T., 1894, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., June T., 1894, No. 688; for defendants, on case stated. Assumpsit to recover balance of purchase money under articles of agreement for the sale of land. The facts appear by the opinion of the court by Slagle, J., which was as follows: “This action was brought to recover a balance of purchase money on an article of agreement for the sale of a lot of ground on Fifth avenue, 22d ward, Pittsburg. The defendants refused to accept a conveyance because they were advised by counsel that it would not give a good…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
Has the plaintiff a marketable title to the land described in the contract on which his suit is based ? If he has he is entitled to recover the balance of the purchase money due on the contract, and if he has not, the judgment entered by the court below in favor of the defendant for the amount paid upon it must be sustained. While the action is in assumpsit for the purchase money a recovery in it would have the effect of a decree for specific performance, and for this reason the law, as well as the agreement of the parties, requires that it shall be decided on…
2Cases cited5 opinions
- Doebler's AppealSupreme Court of Pennsylvania · 1870
- Swayne v. LyonSupreme Court of Pennsylvania · 1871
- Swain v. Fidelity Insurance, Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1867
- Mitchell v. SteinmetzSupreme Court of Pennsylvania · 1881
- Nicol v. CarrSupreme Court of Pennsylvania · 1860
3Cited by9 opinions
- Black v. American International Corp.Supreme Court of Pennsylvania · 1919
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Bashford v. West Miami Land Co.Supreme Court of Pennsylvania · 1928
- Connely v. PutnamCourt of Appeals of Texas · 1908
- Holmes v. FultonSupreme Court of Pennsylvania · 1899
4 more not listed; retrieve them via the Exa API.