Hammer & Dauler v. McEldowney
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Allegheny county. This was an appeal, by Robert McEldowney, from the decree of the court below, on a bill in equity, filed against him by Charles Gotlieb Hammer and George H. Dauler, to compel the specific performance of an alleged contract for the sale of land.
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Appeal from the Common Pleas of Allegheny county. This was an appeal, by Robert McEldowney, from the decree of the court below, on a bill in equity, filed against him by Charles Gotlieb Hammer and George H. Dauler, to compel the specific performance of an alleged contract for the sale of land. The bill averred that, on December 24th 1862, R. McEldowney was seised to him and his heirs of two contiguous lots, with the appurtenances, situate on the easterly side of Smithfield, near the corner of Smithfield and Seventh streets, in Pittsburgh, containing together on Smithfield street, forty feet,…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
This is a bill in equity praying for the specific execution of an alleged contract for “the sale of the houses on Smithfield street,” without any designation of the houses where situate on the street mentioned, of what size, dimensions, or material, or the area of ground to be embraced, and without in fact disclosing to whom they belonged at the date of the alleged contract, excepting as it might be inferred by the receipt of the respondent for $20, in part payment of the purchase-money.
It is a settled rule in equity, that the specific…
2Cited by12 opinions
- Hoffman's AppealSupreme Court of Pennsylvania · 1935
- Mellon v. DavisonSupreme Court of Pennsylvania · 1889
- Ranney v. ByersSupreme Court of Pennsylvania · 1908
- O'Connell v. CeaseSupreme Court of Pennsylvania · 1920
- Barnes v. ReaSupreme Court of Pennsylvania · 1908
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