Nettleton v. Caryl
Superior Court of Pennsylvania
Appeal, No. 3, Jan. T., 1900, by defendant, in suit of F. E. Nettleton against J. D. Caryl, from decree of C. P. Lackawanna Co., May T., 1897, No. 861, discharging rule to open the judgment on confession contained in an agreement for sale of real estate. Opinion by Rice, P. J. Rule to open judgment on confession contained in agreement for sale of real estate.
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Appeal, No. 3, Jan. T., 1900, by defendant, in suit of F. E. Nettleton against J. D. Caryl, from decree of C. P. Lackawanna Co., May T., 1897, No. 861, discharging rule to open the judgment on confession contained in an agreement for sale of real estate. Opinion by Rice, P. J. Rule to open judgment on confession contained in agreement for sale of real estate. Before Archbald, P. J. It appears from the record and evidence that the plaintiff, F. E. Nettleton, sold to the defendant, Josiah D. Caryl, a vacant lot in the city of Scranton, by agreement in writing dated January 29, 1891, for $3,500,…
1Opinion of the Court
Opinion by
Rice, P. J.,
It is contended that where the vendee of land is put into *446possession he must pay interest on the purchase money whether the articles call for it or not. It is not to be denied that expressions can be found in text books and reports, which, read by themselves and apart from the facts of the cases in which they are used, would seem to sustain this contention. But a careful examination of the Pennsylvania cases cited in support of the proposition (Fasholt v. Reed, 16 S. & R. 266; McCormick v. Crall, 6 W. 207; Kester v. Rockel, 2 W. & S. 365) fails to show that this is an…
2Cases cited4 opinions
- Minard v. BeansSupreme Court of Pennsylvania · 1870
- Stevenson v. . MaxwellNew York Court of Appeals · 1849
- Atchison, Topeka & Santa Fe Railroad v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1896
- Kester v. RockelSupreme Court of Pennsylvania · 1841
3Cited by3 opinions
- Moll v. LaffertySupreme Court of Pennsylvania · 1930
- Lund v. LarsenSupreme Court of Minnesota · 1946
- Barnett v. Cloyd's Ex'rsSupreme Court of Virginia · 1919