Legal Opinion

Fox v. Peoples

Supreme Court of Pennsylvania

Decided November 8, 1901No. Appeal, No. 18PublishedCited by 5 opinions

Appeal, No. 18, Oct. T., 1901, by plaintiff, from order of C. P. Westmoreland Co., Nov. T., 1899, No. 178, refusing to take off nonsuit in the case of William Fox v. John M. Peoples. Assumpsit to recover alleged profits on the sale of real estate. Before McConnell, J. At the trial it appeared that William Fox, plaintiff, and his brother, were assignees of their father, David Fox. On November 13, 1885, they sold under an order of court certain real estate of their assignor.

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Appeal, No. 18, Oct. T., 1901, by plaintiff, from order of C. P. Westmoreland Co., Nov. T., 1899, No. 178, refusing to take off nonsuit in the case of William Fox v. John M. Peoples. Assumpsit to recover alleged profits on the sale of real estate. Before McConnell, J. At the trial it appeared that William Fox, plaintiff, and his brother, were assignees of their father, David Fox. On November 13, 1885, they sold under an order of court certain real estate of their assignor. The defendant who was the plaintiff’s attorney bought the real estate for $7,437, and paid for it with his own money. At…

1Opinion of the Court

Per Curiam,

It seems to us that the learned judge of the court below did *11not err in granting the nonsuit or in refusing to take it off. It plainly appears in his opinion that nothing was shown in the evidence which would have warranted a submission of the case to the jury. The appeal is therefore dismissed and the nonsuit affirmed.

2Cited by5 opinions

  1. Slack v. VillariCourt of Special Appeals of Maryland · 1984
  2. Hamilton v. SmithCourt of Appeals of Maryland · 1966
  3. Bucia v. BuciaSuperior Court of Pennsylvania · 1932
  4. Slack v. VillariCourt of Special Appeals of Maryland · 1984
  5. Slack v. VillariCourt of Special Appeals of Maryland · 1984

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