Kaufmann v. Kirker
Superior Court of Pennsylvania
Appeal, No. 148, April T., 1902, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., June T., 1901, No. 429, or verdict for plaintiff in case of Jacob Kaufmann v. John W. Kirker. Assumpsit to recover damages for breach of a contract. Before Collier, P. J. At the trial it appeared that prior to the bringing of the present action plaintiff and defendant had entered into a written agreement for the exchange of land.
Read the full summary
Appeal, No. 148, April T., 1902, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., June T., 1901, No. 429, or verdict for plaintiff in case of Jacob Kaufmann v. John W. Kirker. Assumpsit to recover damages for breach of a contract. Before Collier, P. J. At the trial it appeared that prior to the bringing of the present action plaintiff and defendant had entered into a written agreement for the exchange of land. This agreement was not carried out and the defendant filed a bill in equity against plaintiff for specific performance. This bill was dismissed on the ground that there was a…
1Opinion of the Court
Opinion by
Orlady, J.,
This action of assumpsit was brought to recover for costs, fees, expenses, loss of time and labor, sustained by the appellant by reason of a breach of a written contract. On the trial it was practically conceded that the plaintiff was entitled to recover something, and the learned trial judge instructed the jury as follows : “We say to you that there was a breach of the agreement and that the defendant did not keep his bargain, he did not do what he agreed to do and did not furnish the deed for the property as agreed. That being the case, the only question for you is to…
2Cases cited4 opinions
- Eberz v. HeislerSuperior Court of Pennsylvania · 1900
- Winton v. MorssSupreme Court of Pennsylvania · 1878
- Commonwealth ex rel. Friedman v. MeyerSupreme Court of Pennsylvania · 1895
- Huffman v. BradshawSuperior Court of Pennsylvania · 1901
3Cited by8 opinions
- Hempstead v. Meadville Theological SchoolSupreme Court of Pennsylvania · 1926
- Polka v. MaySupreme Court of Pennsylvania · 1955
- Commonwealth v. Pennsylvania Loan Corp.Superior Court of Pennsylvania · 1937
- Hackett and Hackett v. HackettSuperior Court of Pennsylvania · 1931
- Commonwealth v. BaughmanWestmoreland County Court of Quarter Sessions · 1934
3 more not listed; retrieve them via the Exa API.