Howes v. Scott
Supreme Court of Pennsylvania
Appeal, No. 205, Jan. T., 1908, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1897, No. 70, on verdict for plaintiff in case of William E. Howes, to the use of William M. McCormick, v. John H. Scott. Assumpsit on an agreement in writing to assume the debt of another. Before Wiltbank, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $3,270.33. Defendant appealed.
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Appeal, No. 205, Jan. T., 1908, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1897, No. 70, on verdict for plaintiff in case of William E. Howes, to the use of William M. McCormick, v. John H. Scott. Assumpsit on an agreement in writing to assume the debt of another. Before Wiltbank, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $3,270.33. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
In November, 1896, Lamotte and Miner entered into a written agreement with Arnold A. Phipps and his wife to purchase from them sixty-nine acres of land at Willow Grove in Montgomery county. The consideration was about $58,000, of which $2,000 were to be paid down and $12,000 on the first of the following January when the deed was to be delivered. The intention of the parties was to lay the property out into lots, and they anticipated realizing large profits from their sale. The $2,000, hand money, were promptly paid, but the purchasers had difficulty in…
2Cases cited2 opinions
- Blymire v. BoistleSupreme Court of Pennsylvania · 1837
- Adams v. KuehnSupreme Court of Pennsylvania · 1888
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- First Methodist Episcopal Church ex rel. Hall v. IsenbergSupreme Court of Pennsylvania · 1914
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