Mellon v. Davison
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 185 October Term 1888, Sup. Ct.; court below, No. 561 March Term 1887, C. P. No. 1. On February 28, 1887, a summons in ejectment was served in an action brought by James R. Mellon against Thomas K. Davison, to recover a lot of ground in the Twenty-first ward, Pittsburgh. Issue.
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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 185 October Term 1888, Sup. Ct.; court below, No. 561 March Term 1887, C. P. No. 1. On February 28, 1887, a summons in ejectment was served in an action brought by James R. Mellon against Thomas K. Davison, to recover a lot of ground in the Twenty-first ward, Pittsburgh. Issue. At the trial on February 8, 1889, before Slagle, J., the plaintiff by his abstract filed claimed title as follows: On February 12, 1887, Thomas K. Davison, the defendant, owning the property in dispute in fee, entered into a written contract to sell the…
1Opinion of the Court
Opinion,
Mr. Justice Hand:»
The plaintiff brought his action of ejectment to enforce the specific performance of an alleged contract made under the following circumstances. He claimed to have bought the land of H. P. Krebs, who purchased the land by virtue of the following receipt, to wit :
“ Pittsburgh, February 12,1887.
“Received from H. P. Krebs, Esq., one thousand dollars, being the first payment on account of five thousand dollars, the price to be paid me for a lot of ground fronting about 190 foot on the P. R. R. in the 21st ward, Pittsburgh, Pa.
(Signed) “ Thomas K. Davison.”
The plaintiff…
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