Stone v. Carter
Superior Court of Pennsylvania
Appeal, No. 106, April T., 1911, by defendant, from judgment of C. P. Fayette Co., June T., 1909, No. 597, for plaintiff on case stated in suit of William A. Stone, alias W. A. Stone, v. Retta E. Carter. Case stated to determine why the plaintiff should recover a portion of the purchase money paid under articles of agreement for the sale of land. Van Swearingen, J., filed the following opinion: This matter is before the court on a case stated.
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Appeal, No. 106, April T., 1911, by defendant, from judgment of C. P. Fayette Co., June T., 1909, No. 597, for plaintiff on case stated in suit of William A. Stone, alias W. A. Stone, v. Retta E. Carter. Case stated to determine why the plaintiff should recover a portion of the purchase money paid under articles of agreement for the sale of land. Van Swearingen, J., filed the following opinion: This matter is before the court on a case stated. On March 26, 1907, the defendant, Retta E. Carter, and her husband, C. C. Carter, entered into an agreement in writing with the plaintiff wherein the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The parties stipulated, in the case stated, that if the court should be of opinion that a good and marketable title in fee simple, free of all incumbrances, to an undivided one-seventh of the land described, could not be conveyed by defendant during the minority of any of the children of Mary Bailey English, judgment should be entered for plaintiff for $1,000, the amount of the down payment he had made at the execution of the contract between him and the defendant, otherwise judgment should be entered for the defendant for costs. Mary Bailey English was the daughter of…
2Cases cited15 opinions
- Estate of TysonSupreme Court of Pennsylvania · 1899
- Fox's AppealSupreme Court of Pennsylvania · 1882
- Brokaw v. . DuffyNew York Court of Appeals · 1901
- Swayne v. LyonSupreme Court of Pennsylvania · 1871
- Herman v. SomersSupreme Court of Pennsylvania · 1893
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3Cited by4 opinions
- Pattin v. ScottSupreme Court of Pennsylvania · 1921
- McCloskey v. TimmonsSuperior Court of Pennsylvania · 1920
- Everts v. Kepler, Pennsylvania Court of Common Pleas, Centre County1927
- Hirst v. Freeman, Pennsylvania Court of Common Pleas, Philadelphia County1922