Legal Opinion

Bell v. Kennedy

Supreme Court of Pennsylvania

Decided October 2, 1882PublishedCited by 4 opinions

Error to the Court of Common Pleas No. 3, of Philadelfhia county: Of July Term 1881, No. 51.. Assumpsit, by Thomas Kennedy against John S. Dilworth to recover back the purchase money paid on account of a contract of sale of certain land. The defendant having died pending the suit, his executors Thompson Bell and William P. Dilworth were substituted as parties defendant.

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Error to the Court of Common Pleas No. 3, of Philadelfhia county: Of July Term 1881, No. 51.. Assumpsit, by Thomas Kennedy against John S. Dilworth to recover back the purchase money paid on account of a contract of sale of certain land. The defendant having died pending the suit, his executors Thompson Bell and William P. Dilworth were substituted as parties defendant. The facts of the case as they appeared on the trial before Yerkes, J., are fully set forth in the opinion of the Supreme Court. Defendants presented, inter alia, the following points: First. — That as the title paper’s were…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice Mercur,

It is not necessary to discuss separately the various specifications of error. A few general principles rule the case.

The money in contention was paid on a parol contract for the purchase-of lands. In consequence of having afterwards *220ascertained tbe title to be defective, this action was to recover the money thus paid.

The lands were situate in Missouri, and were represented to contain eleven thousand two hundred acres. Both parties to the contract resided in Pennsylvania. In the making thereof one Leslie acted as agent for Dilworth.…

2Cases cited1 opinion

  1. Moore v. ShellySupreme Court of Pennsylvania · 1834

3Cited by4 opinions

  1. Durham v. WickSupreme Court of Pennsylvania · 1904
  2. Myers v. Fidelity-Philadelphia Trust Co.Supreme Court of Pennsylvania · 1927
  3. Calhoun, Trustee v. DrassSupreme Court of Pennsylvania · 1935
  4. Commonwealth v. BeaverSupreme Court of Pennsylvania · 1983

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