Legal Opinion

Schotte v. Meredith

Supreme Court of Pennsylvania

Decided January 7, 1901No. Appeal, No. 136PublishedCited by 3 opinions

Appeal, No. 136, Oct. T., 1900, by plaintiff, from judgment of C. P. Armstrong Co., June T., 1896, No. 160, on verdict for defendant, in case of Karl B. Schotte, administrator c. t. a. of Charles T. Schotte, deceased, v. William B. Meredith, administrator of Frederick G. Schotte, deceased. Assumpsit upon an agreement to sell land. Before Millf.r, P. J., of the 35th judicial district, specially presiding.

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Appeal, No. 136, Oct. T., 1900, by plaintiff, from judgment of C. P. Armstrong Co., June T., 1896, No. 160, on verdict for defendant, in case of Karl B. Schotte, administrator c. t. a. of Charles T. Schotte, deceased, v. William B. Meredith, administrator of Frederick G. Schotte, deceased. Assumpsit upon an agreement to sell land. Before Millf.r, P. J., of the 35th judicial district, specially presiding. The facts appear from the report of the case in 192 Pa. 159, and by the opinion of the Supreme Court. The court charged in part as follows: On and prior to March 3,1881, C. B. Schotte was the…

1Opinion of the Court

Opinion by

Mb. Justice Mestbezat,

On a former trial of this case, the plaintiff offered to prove that F. G. Schotte^. agreed to pay the Gilpin mortgage, and that the agreement was omitted from the written contract of February 23, 1886, by mistake. The offer was rejected and by direction of the court, a verdict was rendered for the defendant. The plaintiff appealed to this court (192 Pa. 159), and the court below was reversed, and we held that testimony was admissible to prove that it was the intention of the parties that F. G. Schotte, the vendee, should assume the payment of the mortgage, and…

2Cases cited1 opinion

  1. Schotte v. MeredithSupreme Court of Pennsylvania · 1899

3Cited by3 opinions

  1. Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
  2. Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
  3. Nettleton v. CarylSuperior Court of Pennsylvania · 1902

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