Winters v. Wolfskill

Opinion by

Rhodes, J.,

This is an action in assumpsit by plaintiff to recover the balance of the purchase price of a piece of real estate sold by him to defendant at a public sale. At the time of purchase defendant paid plaintiff 10 per cent of the bid, and executed an agreement which provided for payment of the balance of $1,575 on or before April 1, 1934, with interest. Simultaneously, a judgment note was executed and delivered by defendant to plaintiff in the amount of $1,575, dated May 20, 1933, and payable one day after date.

This action was based on the original agreement. Defendant’s…