McClintock v. South Penn Oil Co.
Pennsylvania Court of Common Pleas, Washington County
No. 50 October Term 1891, Sup. Ct.; court below, No. 341 February Term 1890, C. P. On January 10, 1890, Mattie M. McClintock brought assumpsit against the South Penn Oil Company, filing a statement of claim, which, as afterwards amended, averred in substance as follows: That on December 18, 1889, S. B. Donaldson, administrator d. b. n., c. t. a., of Richard Donaldson, deceased, agreed in writing, in consideration of one hundred and fifty dollars cash in hand paid to him, to…
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No. 50 October Term 1891, Sup. Ct.; court below, No. 341 February Term 1890, C. P. On January 10, 1890, Mattie M. McClintock brought assumpsit against the South Penn Oil Company, filing a statement of claim, which, as afterwards amended, averred in substance as follows: That on December 18, 1889, S. B. Donaldson, administrator d. b. n., c. t. a., of Richard Donaldson, deceased, agreed in writing, in consideration of one hundred and fifty dollars cash in hand paid to him, to sell and convey to the plaintiff a tract of land in Washington county, containing about two hundred and eleven acres,…
1Opinion of the Court
Opinion,
Mb. Justice Mitchell :
The receipt by plaintiff’s husband expressed the fact of a sale, by the acknowledgment of receipt of part of the purchase money, and fixed the time and amount of the remaining payment. All the other terms of the contract, including the identification of the subject matter, were shown by the original agreement of Donaldson, on which the receipt was indorsed. The two papers thus constituted one instrument, which, so far as appears on its face, was a sufficient memorandum in writing to satisfy the statute of frauds. Its defect in that regard was dehors the…
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