Legal Opinion

O'Kane v. Murray

Supreme Court of Pennsylvania

Decided January 3, 1916No. Appeal, No. 232PublishedCited by 23 opinions

Appeal, No. 232, Oct. T., 1915, by plaintiff, from judgment of O. P. Allegheny Co., Jan. T., 1913, No. 2368, for defendants in case of Edward O’Kane v. James W. Murray and Joseph McCall, Jr. Sci. fa. sur mechanics’ lien. Before Carpenter, J. The facts appear by the opinion of the Supreme Court. The trial judge directed a verdict for the defendant, Murray, and subsequently granted the motion of Joseph McCall, Jr., for judgment for defendant n. o. v. Plaintiff appealed.

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Appeal, No. 232, Oct. T., 1915, by plaintiff, from judgment of O. P. Allegheny Co., Jan. T., 1913, No. 2368, for defendants in case of Edward O’Kane v. James W. Murray and Joseph McCall, Jr. Sci. fa. sur mechanics’ lien. Before Carpenter, J. The facts appear by the opinion of the Supreme Court. The trial judge directed a verdict for the defendant, Murray, and subsequently granted the motion of Joseph McCall, Jr., for judgment for defendant n. o. v. Plaintiff appealed. Error assigned, among others, was in giving binding instructions for one defendant and entering judgment for defendant n. o.…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

Josqph McCall, Jr., one of the defendants, being the owner of a house and lot at 6300 Butler street, Pittsburgh, agreed to sell the premises to James W. Murray, *62the other defendant, by a contract in writing dated April 30, 1912, for $3,950, and received $150 as part of the purchase-price, the remainder to be paid on September 1.1912, when the deed was to be delivered. Murray took possession of the premises and by a written agreement, dated June 3, 1912, between himself and O’Kane, the plaintiff, the latter agreed to provide all materials and perform all the…

2Cases cited11 opinions

  1. Hannah & Lay Mercantile Co. v. MosserMichigan Supreme Court · 1895
  2. Ryan v. KellyMissouri Court of Appeals · 1880
  3. Street Lumber Co. v. SullivanMassachusetts Supreme Judicial Court · 1909
  4. Schively v. RadellSupreme Court of Pennsylvania · 1910
  5. Westmoreland Guarantee Building & Loan Ass'n v. ConnorSupreme Court of Pennsylvania · 1907

6 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Tesauro v. BAIRDSuperior Court of Pennsylvania · 1975
  2. Samango v. HobbsSuperior Court of Pennsylvania · 1950
  3. Regency Investments, Inc. v. Inlander Ltd.Superior Court of Pennsylvania · 2004
  4. JH Hommer Lumber Co., Inc. v. DivelySuperior Court of Pennsylvania · 1990
  5. Connolly v. Pennsylvania Co. for Insurances on Lives & Granting AnnuitiesSuperior Court of Pennsylvania · 1918

18 more not listed; retrieve them via the Exa API.

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