McGara v. Ake
Supreme Court of Pennsylvania
Appeal, No. 87, Oct. T., 1909, by defendants from judgment of C. P. Indiana Co., June T., 1906, No. 189, on verdict for plaintiff in case of E. B. McGara, D. M. Smith and D. W. Krytzer, for the use of E. B. McGara, v. James D. Ake, H. E. Clark, J. O. Clark, who survive J. H. Engle, deceased. Assumpsit to recover one-third of the purchase money on a contract for the sale of options on coal land. Before Tel-ford, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 87, Oct. T., 1909, by defendants from judgment of C. P. Indiana Co., June T., 1906, No. 189, on verdict for plaintiff in case of E. B. McGara, D. M. Smith and D. W. Krytzer, for the use of E. B. McGara, v. James D. Ake, H. E. Clark, J. O. Clark, who survive J. H. Engle, deceased. Assumpsit to recover one-third of the purchase money on a contract for the sale of options on coal land. Before Tel-ford, P. J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $2,175.85. Defendant appealed. Error assigned was (7) in refusing to enter judgment for…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
On August 23, 1902, David W. Krytzer, E. B. McGara and D. M. Smith, as parties of the first part, entered into a written contract with James D. Ake, H. E. Clark, J. O. Clark and J. H. Engle, as parties of the second part, by which they agreed to transfer to the said parties of the second part contracts or options which they held for the purchase of coal lands. The contract was clearly a joint one. By its terms the parties of the second part agreed to pay to the parties of the first part 16,000 for the transfer of the options by them jointly. There was no agreement…
2Cited by3 opinions
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- McCann Ex Rel. Hamrock v. MillerSuperior Court of Pennsylvania · 1935
- Block v. First National Bank, Pennsylvania Court of Common Pleas, Schuylkill County1923