Harrison v. Ward
Superior Court of Pennsylvania
Appeal, No. 19, March T., 1911, by defendant, from judgment of C. P. Luzerne Co., March T., 1907, No. 119, on verdict for plaintiff in case of Patrick Harrison v. John M. Ward. Assumpsit for money had and received. Before Gar-man, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $809.67. Defendant appealed. Error assigned was refusal of motion for judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Henderson, J.,
The jury found the facts in the plaintiff’s favor and the question is whether they constitute a cause of action. It is a well-established principle that if the plaintiff transferred to the defendant a house and lot upon the consideration that the property was to be sold and the proceeds applied first to the indebtedness of the plaintiff to the defendant and the remainder to be paid by the defendant to the plaintiff a right of action exists to enforce the agreement after a sale if the purchase money of the property exceeds the debt due to the creditor. Moran v. Munhall,…
2Cases cited3 opinions
- Barnet v. DoughertySupreme Court of Pennsylvania · 1859
- Lancaster Trust Co. v. LongSupreme Court of Pennsylvania · 1908
- Moran v. MunhallSupreme Court of Pennsylvania · 1903
3Cited by1 opinion
- Williams Et Ux. v. MoodhardSupreme Court of Pennsylvania · 1941