Schmitz v. Roberts
Superior Court of Pennsylvania
Appeal, No. 242, Oct. T., 1903, by defendants, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1902, No. 1, on verdict for plaintiff in case of Joseph Schmitz v. William T. B. Roberts and Forest H. Roberts, trading as William T. B. Roberts & Son. Trespass for deceit. Before Bréoy, J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for |400. Defendant appealed.
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Appeal, No. 242, Oct. T., 1903, by defendants, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1902, No. 1, on verdict for plaintiff in case of Joseph Schmitz v. William T. B. Roberts and Forest H. Roberts, trading as William T. B. Roberts & Son. Trespass for deceit. Before Bréoy, J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for |400. Defendant appealed. Error assigned, among others, was in refusing binding instructions for defendant. While it is admitted that the terms of the agreement of sale or of the deed or mortgage may be varied or…
1Opinion of the Court
Opinion by
Morrison, J.,
This is an appeal by the defendants from the judgment of the court below in an action in deceit. In May, 1902, the plaintiff was residing as tenant upon a lot of land owned by the defendants, located in Glenside, Abington township in the county of Montgomery. The plaintiff had resided upon this land for some time and was necessarily quite familiar with its location. On May 2, 1902, a written contract between the parties was executed and delivered wherein the plaintiff agreed to purchase from the defendants the said lot of land with the improvements thereon for the price…
2Cases cited7 opinions
- Greenfield' EstateSupreme Court of Pennsylvania · 1850
- Braunschweiger v. WaitsSupreme Court of Pennsylvania · 1897
- Sutton v. MorganSupreme Court of Pennsylvania · 1893
- Max Meadows Land & Improvement Co. v. MendinhallSuperior Court of Pennsylvania · 1897
- Flagler v. PleissSupreme Court of Pennsylvania · 1832
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Leuten Brick Co. v. KillenSupreme Court of Pennsylvania · 1912