Kurzawski v. Schneider
Supreme Court of Pennsylvania
Appeal, No. 127, Oct. T., 1896, by defendant, from judgment of O. P. No. 2, Allegheny Co., July Term, 1895, No. 124, on verdict for plaintiff. Assumpsit to recover back purchase money of real estate. Before White, J. At the trial it appeared that plaintiff on May 4,1893, entered into a contract of writing with Mrs. Modzynski to buy the-latter’s land in Germany.
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Appeal, No. 127, Oct. T., 1896, by defendant, from judgment of O. P. No. 2, Allegheny Co., July Term, 1895, No. 124, on verdict for plaintiff. Assumpsit to recover back purchase money of real estate. Before White, J. At the trial it appeared that plaintiff on May 4,1893, entered into a contract of writing with Mrs. Modzynski to buy the-latter’s land in Germany. Defendant, a real estate agent, drew the contract, and it was agreed that he should receive the purchase money which was to be paid in instalments, and pay it over to Mrs. Modzynski, and that after all the purchase mone3r was paid he…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
We are of opinion that neither the statement filed in-this case nor the testimony presented at the trial discloses any ground for a recovery against the defendant. He entered into no contract with the plaintiff, and violated no duty which he owed him. An agent who receives money paid on account of *504a contract for the purchase of real estate made with his principal cannot be held liable in an action by the purchaser to recover the money back on proof of facts which would entitle the purchaser to rescind the contract. The contract in this case was made between the…
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- Ingram Land Co. v. MooreSupreme Court of Alabama · 1925
- Lucas v. Bode and HeinzSuperior Court of Pennsylvania · 1928
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