March v. Allabough
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county: Of July Term 1881, No. 77. Assumpsit, by George W. March against Benjamin Y. Allabough. „ Pleas, non-assumpsit, payment, payment with leave, &c.
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Error to the Court of Common Pleas of Montgomery county: Of July Term 1881, No. 77. Assumpsit, by George W. March against Benjamin Y. Allabough. „ Pleas, non-assumpsit, payment, payment with leave, &c. On the trial, the plaintiff put in evidence the following instrument, proved demand and non-payment thereof, and rested: f“ Norristown, Dec. 27th 1877. “ Payable on demand to G. W. March, the sum of three hundred and sixty-two 79-100 dollars without defalcation for value received. B. Y. Allabough.” The defendant put in evidence the following paper: Agreement made June- 20th, A.D. 1877, between…
1Opinion of the CourtJustice Clabk
By the terms of the agreement dated June 20th 1877, George W. March sold to Benjamin V. Allabough, his store in Norristown, consisting of groceries, notions, &c., with all the fixtures and good will, at a valuation to be put thereon as provided in the contract, payments to be made as follows, viz.: $1,000 on the 4th July 1877, $1,000 in thirty days after possession given, and the balance in sixty days. The terms of sale, the manner of making a proper valuation, and the delivering of possession having first been fully provided for, the agreement contains the following clause :
“ And the said…
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