Srolovitz v. Margulis
Superior Court of Pennsylvania
Appeal, No. 43, Oct. T., 1907, by defendant, from order of C. P. No. 3, Phila. Co., Sept. T., 1906, No. 1,575, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Wolf Srolovitz v. Abraham Margulis. Assumpsit to recover hand money. Order making absolute rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Head, J.,
The agreement for the sale of real estate, entered into by the plaintiff and defendant, contained the following covenants on the part of the latter, viz.: that he would “sell and convey” the property described; that “the premises are to be conveyed clear of all incumbrances and easements;” and that “.the title is to be such as will be insured by any Title Insurance Company of Philadelphia.” Upon the strength of these undertakings the plaintiff agreed to pay $5,200 and actually did pay the hand money called for, $500. It is not denied in the affidavit of defense that he…
2Cases cited2 opinions
- Swayne v. LyonSupreme Court of Pennsylvania · 1871
- Kostenbader v. SpottsSupreme Court of Pennsylvania · 1876
3Cited by5 opinions
- Stone v. CarterSuperior Court of Pennsylvania · 1911
- Esayian v. Baltimore Markets, Inc.Superior Court of Pennsylvania · 1949
- Smith v. Krause, Pennsylvania Court of Common Pleas, Philadelphia County1948
- Horrox v. Duplicki, Pennsylvania Court of Common Pleas, Chester County1972
- Rice v. Shank, Pennsylvania Court of Common Pleas, Mifflin County1954