Legal Opinion

Boyd v. Hoffman

Supreme Court of Pennsylvania

Decided June 27, 1913No. Appeal, No. 61PublishedCited by 11 opinions

Appeal, No. 61, Jan. T., 1913, by defendant, from judgment of C. P. No. 3, Philadel- • phia Co., Sept. T., 1912, No. 5214, for plaintiff for want of a sufficient affidavit of defense in case of George A. Boyd v. Charlotte Hoffman. Assumpsit on a contract for the sale of land to recover the purchase money. Rule for judgment for want of a sufficient affidavit of defense. Before Ferguson, J. The opinion of the Supreme Court states the facts. The court made the rule absolute.

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Appeal, No. 61, Jan. T., 1913, by defendant, from judgment of C. P. No. 3, Philadel- • phia Co., Sept. T., 1912, No. 5214, for plaintiff for want of a sufficient affidavit of defense in case of George A. Boyd v. Charlotte Hoffman. Assumpsit on a contract for the sale of land to recover the purchase money. Rule for judgment for want of a sufficient affidavit of defense. Before Ferguson, J. The opinion of the Supreme Court states the facts. The court made the rule absolute. Defendant appealed. Error assigned was in making absolute the rule for judgment for want of a sufficient affidavit of…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This is an appeal from a judgment entered for want of a sufficient affidavit of defense. The suit was brought to recover the sum of $2,600 under an article of agreement for the sale of certain real estate. From the statement of claim it appears that the stipulated purchase price was $2,700, of which $100 was paid under the agreement. It was stipulated that the contract should be performed within thirty days from its date (which was October 8, 1912), unless extended by mutual consent in writing, and that time was to be of the essence of the agreement. It was…

2Cases cited4 opinions

  1. Sanders v. BrockSupreme Court of Pennsylvania · 1911
  2. Irvin v. BleakleySupreme Court of Pennsylvania · 1871
  3. Vankirk v. PattersonSupreme Court of Pennsylvania · 1902
  4. Hatton v. JohnsonSupreme Court of Pennsylvania · 1877

3Cited by11 opinions

  1. Roth v. HartlSupreme Court of Pennsylvania · 1950
  2. Tudesco Et Ux. v. WilsonSuperior Court of Pennsylvania · 1948
  3. Hopp v. BergdollSupreme Court of Pennsylvania · 1925
  4. McClenachan v. MalisSupreme Court of Pennsylvania · 1932
  5. Swartz, Adm. v. CrumSuperior Court of Pennsylvania · 1933

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