Goodritz v. McMahon
Superior Court of Pennsylvania
Appeal, No. 208, Oct. T., 1915, by plaintiff, from judgment of O. P. No. 3, Philadelphia Co., June T., 1915, No. 2787, for defendant n. o. v. in case, of Benjamin Goodritz v. John P. McMahon. Assumpsit for breach of a written agreement to purchase real estate.
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Appeal, No. 208, Oct. T., 1915, by plaintiff, from judgment of O. P. No. 3, Philadelphia Co., June T., 1915, No. 2787, for defendant n. o. v. in case, of Benjamin Goodritz v. John P. McMahon. Assumpsit for breach of a written agreement to purchase real estate. Before Davis, J. At the trial the jury returned a verdict in favor of the plaintiff for $1,302.13. Subsequently the court entered judgment for the defendant n.’ o. v. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Portee, J.,
Under the terms of a written agreement dated August 4, 1913, the plaintiff agreed to sell and convey and the defendant agreed to purchase and pay for certain real estate situated on Moore street in the City of Philadelphia, at the price of $19,000. The defendant paid on account of the purchase-money, at the time of the agreement, the sum of $500, and the covenants of the contract provided that the balance of the purchase-money should be paid in the following manner, viz: “A mortgage of $8,000 at five years, 5 4/10 per cent, and a second mortgage of $5,000 payable any time…
2Cases cited4 opinions
- Bowser v. CessnaSupreme Court of Pennsylvania · 1869
- Pepper v. DeakyneSupreme Court of Pennsylvania · 1905
- Banes v. GordonSupreme Court of Pennsylvania · 1848
- Weast v. DerrickSupreme Court of Pennsylvania · 1882