Loeb v. Davidson
Supreme Court of Pennsylvania
Appeal, No. 352, Jan. T., 1917, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1915, No. 1058, on verdict for defendants, in case of Oscar D. Loeb v. Louis Davidson and Charles Goldman. Rule to open judgment entered upon a bond.
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Appeal, No. 352, Jan. T., 1917, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1915, No. 1058, on verdict for defendants, in case of Oscar D. Loeb v. Louis Davidson and Charles Goldman. Rule to open judgment entered upon a bond. From the record it appeared that.the court opened the judgment and an issue was framed to determine whether or not plaintiff was entitled to recover the amount which he had paid on account of the purchase-price of certain properties which defendants had agreed to. sell him, and which he had refused to accept. The case was tried before Ferguson,…
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
■ Plaintiff entered into an agreement in writing.August 11, 1915, to purchase from defendants certain property “with the buildings thereon now in course of erection,” the latter agreeing to complete the houses within three months from date “according to plans and specifications” with a promise to pay $5 a day as liquidated damages for delay beyond the time specified. The contract also provided that “minor and unintentional deviations from the plans and specifications shall not abrogate this agreement but shall be the subject of allowance to the vendee if the value…
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