Patterson v. Freihofer
Supreme Court of Pennsylvania
Appeal, No. 75, Jan. T., 1906, by defendants, from order of C. P. No. 2, Phila. Co., Dec. T., 1905, No. 355, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John J. Patterson v. Charles Freihofer and "William Freihofer. Assumpsit for purchase money of real estate. Rule for judgment for want of a sufficient affidavit of defense. The court made absolute rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 75, Jan. T., 1906, by defendants, from order of C. P. No. 2, Phila. Co., Dec. T., 1905, No. 355, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John J. Patterson v. Charles Freihofer and "William Freihofer. Assumpsit for purchase money of real estate. Rule for judgment for want of a sufficient affidavit of defense. The court made absolute rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Stewabt,
This was an action for purchase money of real estate. The plaintiff’s statement recited the written agreement between the parties. It is therein stipulated among other things, that “ the premises are to be conveyed clear of all easements.” It is distinctly averred in the affidavit of defense filed, that notwithstanding this covenant, the premises to be conveyed are subjected to certain easements consisting of (1) a joint right of way or alley, of a width of about eighteen inches, one-half of which is on the plaintiff’s premises, and the remaining half upon…
2Cases cited1 opinion
- Evans v. TaylorSupreme Court of Pennsylvania · 1896
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- Ritter v. HillSupreme Court of Pennsylvania · 1924
- Lipsie v. DickeySupreme Court of Pennsylvania · 1953
- McDermott v. ReiterSupreme Court of Pennsylvania · 1924
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