Martin v. Fridenberg
Supreme Court of Pennsylvania
Appeal, No. 87, Jan. T., 1895, by defendant, from order of C. P. No. 2, Phila. Co., Sept. T., 1894, No. 144, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit to recover the purchase money of a house. The material averments of the statement and affidavit of defense are set forth in the opinion of the Supreme Court. • The court made absolute a rule for judgment for want of a sufficient affidavit of defense.
Read the full summary
Appeal, No. 87, Jan. T., 1895, by defendant, from order of C. P. No. 2, Phila. Co., Sept. T., 1894, No. 144, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit to recover the purchase money of a house. The material averments of the statement and affidavit of defense are set forth in the opinion of the Supreme Court. • The court made absolute a rule for judgment for want of a sufficient affidavit of defense. Error assigned was above order.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Judgment was entered in the court below against Fridenberg,.defendant, for want of a sufficient affidavit of defense, and he now appeals, alleging the affidavit was sufficient to send the case to a jury.
B3r his statement, plaintiff averred a written agreement was entered into between him and defendant on the 6th of August, 1894, whereby plaintiff agreed to sell and convey to defendant a house and lot, 1523 South 21st street in Philadelphia, for the consideration of $800, subject to a mortgage of $1,500, *449but clear of all other incumbrances; the $800 to be paid in…
2Cases cited1 opinion
- Martin v. SchoenbergerSupreme Court of Pennsylvania · 1845
3Cited by9 opinions
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- Clinch Valley Coal & Iron Co. ex rel. Grove v. WillingSupreme Court of Pennsylvania · 1897
- Newland v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1934
- Keller v. CohenSupreme Court of Pennsylvania · 1907
- Corn Exchange National Bank & Trust Co. v. BurkhartSupreme Court of Pennsylvania · 1960
4 more not listed; retrieve them via the Exa API.