Sanders v. Brock
Supreme Court of Pennsylvania
Appeal, No. 217, Jan. T., 1910, by plaintiff, from order of C. P. No. 2, Phila. Co., March Term, 1910, No. 4,609, discharging rule for judgment for want of a sufficient affidavit of defense in case of Albert J. Sanders v. Seldon J. M. Brock. Assumpsit for money had and received. Before Wilt-bank, J. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 217, Jan. T., 1910, by plaintiff, from order of C. P. No. 2, Phila. Co., March Term, 1910, No. 4,609, discharging rule for judgment for want of a sufficient affidavit of defense in case of Albert J. Sanders v. Seldon J. M. Brock. Assumpsit for money had and received. Before Wilt-bank, J. Rule for judgment for want of a sufficient affidavit of defense. The material averments of the statement of claim and affidavit of defense are set forth in the opinion of the Supreme Court. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense. It is…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is a rule for judgment for want of a sufficient affidavit of defense. The action was assumpsit to recover back $2,000 paid by plaintiff to the defendant as part purchase money on a sale of certain real estate sold by the *612defendant to the plaintiff and which sale the latter declined to complete by refusing to take the property and pay the balance of the purchase money.
By an agreement in writing dated January 14, 1910, the defendant agreed to sell and convey to the plaintiff the premises at 1507 Walnut street, Philadelphia, for the consideration of $104,000,…
2Cases cited10 opinions
- Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Hansbrough v. PeckSupreme Court of the United States · 1867
- Downey v. RiggsSupreme Court of Iowa · 1897
- Irvin v. BleakleySupreme Court of Pennsylvania · 1871
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3Cited by67 opinions
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- Tudesco Et Ux. v. WilsonSuperior Court of Pennsylvania · 1948
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- Malmberg v. BaughUtah Supreme Court · 1923
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