McAbee v. Cribbs
Supreme Court of Pennsylvania
Appeal, No. 34, Oct. T., 1899, by defendant, from judgment of O. P. No. 1, Allegheny Co., Dec. T., 1894, R o. 296, on verdict for plaintiff. Assumpsit on a contract of indemnity. Before Stowe, P. J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for the plaintiff. Verdict and judgment for plaintiff for $3,988.02. Defendant appealed. Error assigned among others was in giving binding instructions for plaintiff.
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Appeal, No. 34, Oct. T., 1899, by defendant, from judgment of O. P. No. 1, Allegheny Co., Dec. T., 1894, R o. 296, on verdict for plaintiff. Assumpsit on a contract of indemnity. Before Stowe, P. J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for the plaintiff. Verdict and judgment for plaintiff for $3,988.02. Defendant appealed. Error assigned among others was in giving binding instructions for plaintiff. The vendor, McAbee, being liable to the defendant on his covenants against incumbrances by reason of the existence of the mortgage, the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The facts developed at the trial may be briefly stated. The plaintiff, by deed of June 15, 1887, conveyed to the defendant a tract of land "in Kansas which was subject to a mortgage of $2,500, given by the plaintiff. On July 27, the parties entered into an agreement which, after reciting the conveyance, the mortgage and an agreement by the defendant to convey five lots in Verona to the plaintiff, concludes as follows: “Now it is agreed between the parties hereto, each for himself, his heirs and assigns, that the said Cribbs shall assume, and by these presents he…
2Cases cited6 opinions
- Ardesco Oil Co. v. North American Oil & Mining Co.Supreme Court of Pennsylvania · 1870
- Blood v. Crew Levick Co.Supreme Court of Pennsylvania · 1895
- Leber v. KauffeltSupreme Court of Pennsylvania · 1843
- Carman v. NobleSupreme Court of Pennsylvania · 1848
- Stroh v. KimmelSupreme Court of Pennsylvania · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Faulkner v. McHenrySupreme Court of Pennsylvania · 1912
- Almi, Inc. v. Dick Corp.Commonwealth Court of Pennsylvania · 1977
- University of Richmond v. StoneSupreme Court of Virginia · 1927
- Ruzyc v. BrownSupreme Court of Pennsylvania · 1935
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