Legal Opinion

Bender v. Luckenbach

Supreme Court of Pennsylvania

Decided May 23, 1894No. Appeals, Nos. 90 and 395PublishedCited by 13 opinions

Appeals, Nos. 90 and 395, Jan. T., 1894, by defendant, Julius B. Luckenbach, and J. Samuel Krause, executor of George Luckenbach, deceased, from judgment of C. P. Northampton Co., Feb. T., 1892, No. 43, on verdict for'plaintiffs, Maria B. Bender and Edwin R. Luckenbach. Ejectment to enforce purchase money of real estate. The facts appear by the opinion of the Supreme Court.

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Appeals, Nos. 90 and 395, Jan. T., 1894, by defendant, Julius B. Luckenbach, and J. Samuel Krause, executor of George Luckenbach, deceased, from judgment of C. P. Northampton Co., Feb. T., 1892, No. 43, on verdict for'plaintiffs, Maria B. Bender and Edwin R. Luckenbach. Ejectment to enforce purchase money of real estate. The facts appear by the opinion of the Supreme Court. The court, Schuyler, P. J., directed the jury to return a verdict in favor of plaintiffs for the undivided half of the property in controversy, the verdict to be released upon payment by defendant of one half the unpaid…

1Opinion of the Court

Luckenbach’s appeal.

Opinion by

Mr. Justice Dean,

This suit is an equitable ejectment to enforce payment of purchase money by defendant on a house and lot in the borough of Bethlehem.

In 1868, George Luckenbaeh, the father of both plaintiffs and defendant, entered into an article of agreement with his son Julius, for the sale to Julius of a lot on the northeast corner of Market street, having thereon erected a brick dwelling house. The consideration was $1,300, not to be paid, however, until after the death of the father and his wife, the mother of Julius, Maria Luckenbaeh, and then to the heirs…

2Cases cited5 opinions

  1. Longwell v. BentleySupreme Court of Pennsylvania · 1854
  2. Foster v. HarrisSupreme Court of Pennsylvania · 1849
  3. Leiper's AppealSupreme Court of Pennsylvania · 1860
  4. Estate of SimmonsSupreme Court of Pennsylvania · 1891
  5. Webster v. WebsterSupreme Court of Pennsylvania · 1866

3Cited by13 opinions

  1. Bowen v. LansingMichigan Supreme Court · 1901
  2. Sheehy v. ScottSupreme Court of Iowa · 1905
  3. Bauer v. HillSupreme Court of Pennsylvania · 1920
  4. Robinson v. PierceSupreme Court of Pennsylvania · 1924
  5. Rhodes v. MeredithIllinois Supreme Court · 1913

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