Bruce v. Howley
Superior Court of Pennsylvania
Appeal, No. 253, April T., 1905, by plaintiff, from order of C. P. No. 1, Allegheny Co., Deo. T., 1902, No. 890, refusing to take off nonsuit in case of Charles A. Bruce v. Frank P. Howley. Assumpsit for work and labor. Before MacFarlane, J. The facts appear by the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Henderson, J.,
In September, 1901, W. E. Hilderbrand entered into a written agreement with W. E. Hartón for tbe erection of nineteen houses on land belonging to the former. Being unable to carry out the undertaking from lack of money, Hilderbrand, on June 14, 1902, conveyed to the defendant, the lots on which the houses were in process of erection. Howley accepted the conveyances “ subject to all legal claims on account of said mortgages, building contracts, and all legal claims for labor and materials furnished in and about the erection of said houses.” He further agreed to pay…
2Cases cited3 opinions
- Adams v. KuehnSupreme Court of Pennsylvania · 1888
- Hostetter v. HollingerSupreme Court of Pennsylvania · 1888
- Potter v. GreenbergSuperior Court of Pennsylvania · 1904
3Cited by2 opinions
- Potter v. City of CoatesvilleDistrict Court, E.D. Pennsylvania · 1922
- National Theatre Supply Co. v. BermanPennylvania Municipal Court, Philadelphia County · 1931