Rugg v. Midland Realty Co.
Supreme Court of Pennsylvania
Appeal, No. 127, Jan. T., 1917, from judgment of C. P. No. 4, Philadelphia Co., Dec. T., 1916, No. 607, for plaintiff for want of a sufficient affidavit of defense, in case of Howard V. Rugg v. Midland Realty Company. Assumpsit for money paid under a contract for the sale of real estate which defendant failed to perform. Rule for judgment for want of sufficient affidavit- of defense.
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Appeal, No. 127, Jan. T., 1917, from judgment of C. P. No. 4, Philadelphia Co., Dec. T., 1916, No. 607, for plaintiff for want of a sufficient affidavit of defense, in case of Howard V. Rugg v. Midland Realty Company. Assumpsit for money paid under a contract for the sale of real estate which defendant failed to perform. Rule for judgment for want of sufficient affidavit- of defense. Audenbied,P. J., filed tbe following opinion: Tbe statement of claim and the affidavit of defense are quite voluminous, but the question raised by this rule is a simple one. The essential facts alleged by the…
1Opinion of the Court
Per Curiam,
By the second paragraph of the agreement between the appellant and its vendee time was made the essence thereof, and the judgment is affirmed on the clear, concise opinion of the learned president judge of the court below directing it to be entered.
2Cited by6 opinions
- Empire Gas & Fuel Co. v. SternCourt of Appeals for the Eighth Circuit · 1926
- Gloekler v. PainterSupreme Court of Pennsylvania · 1922
- Bonner v. Brown, Pennsylvania Court of Common Pleas, Philadelphia County1924
- Klee and Lustig v. SilverSuperior Court of Pennsylvania · 1926
- Praid v. Klein Motor Car Co., Pennsylvania Court of Common Pleas, Lehigh County1929
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