Schuey v. Schaeffer
Supreme Court of Pennsylvania
APPEALS BY PLAINTIFF AND DEFENDANT FROM THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY, IN EQUITY. Nos. 282, 233 October Term 1889, Sup. Ct.; court below, No. 24 December Term 1881, C. P. in Equity. On September 12, 1881, John George Schuey filed a bill in equity against John Scott, to enforce specific performance of a contract for the sale of a lot of ground in Kittanning borough.
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APPEALS BY PLAINTIFF AND DEFENDANT FROM THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY, IN EQUITY. Nos. 282, 233 October Term 1889, Sup. Ct.; court below, No. 24 December Term 1881, C. P. in Equity. On September 12, 1881, John George Schuey filed a bill in equity against John Scott, to enforce specific performance of a contract for the sale of a lot of ground in Kittanning borough. The bill averred: That the plaintiff (1) purchased of the defendant a lot described, in the year 1867, for which he was to pay the sum of $100, (2) “and did pay the same in full;” that the lot was marked out and…
1Opinion of the Court
schuey’s appeal.
Pee Cttetam:
The learned master’s findings of fact were all approved by the court below, except the finding that the purchase money was fully paid. An examination of the evidence, master’s report, and very elaborate opinion of the learned judge of the Common Pleas, has satisfied us that the latter was correct in finding that the purchase money was not actually paid to the appellee.
It is unnecessary to refer specially to the facts upon which the decree for specific performance is based. They are fully presented in the report of the master and opinion of the learned judge. In…
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