Legal Opinion

Schotte v. Meredith

Supreme Court of Pennsylvania

Decided November 3, 1890No. 211PublishedCited by 7 opinions

APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY. No. 211 October Term 1890, Sup. Ct.; court below, No. 258 March Term 1889, C. P. On February 23, 1889, Charles T. Schotte brought assump-sit against William B. Meredith, administrator of F. G. Schotte, deceased, to recover the sum of $2,000, with interest from February 23, 1886, payable under a contract for the sale of real estate. The defendant pleaded non-assumpsit.

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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY. No. 211 October Term 1890, Sup. Ct.; court below, No. 258 March Term 1889, C. P. On February 23, 1889, Charles T. Schotte brought assump-sit against William B. Meredith, administrator of F. G. Schotte, deceased, to recover the sum of $2,000, with interest from February 23, 1886, payable under a contract for the sale of real estate. The defendant pleaded non-assumpsit. At the trial on September 13, 1890, the plaintiff offered in evidence an article of agreement between F. G. Schotte and Charles T. Schotte, dated February…

1Opinion of the Court

Per Cubiam :

By the terms of the contract between F. G. Schotte and Charles T. Schotte, plaintiff, the former was to pay the consideration money thereof “ at any time within ten years from the first day of April, a. d. 1886.” The plaintiff claims that this means any time within ten years that he may require the money. The defendant is deceased, and this action was brought against his administrator. The latter contends that his decedent had ten years in which to pay the money. In this he is clearly right. A payment at any time within ten years, even upon the last day, would be a compliance with…

2Cited by7 opinions

  1. Dugan v. GrzybowskiSupreme Court of Connecticut · 1973
  2. Hensel v. CahillSuperior Court of Pennsylvania · 1955
  3. Skyles v. BurgeMissouri Court of Appeals · 1990
  4. Schotte v. MeredithSupreme Court of Pennsylvania · 1899
  5. Blumenfeld v. Weisberg, Pennsylvania Court of Common Pleas, Philadelphia County1946

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