Boyd v. McCullough
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT’S ADMRS. FROM THE COURT OF COMMON PLEAS OF FAYETTE COUNTY. No. 369 January Term 1890, Sup. Ct.; court below, No. 191 September Term 1887, C. P. On July 20, 1887, Dr. John Boyd brought debt against Nicholas McCullough to recover back $811, paid by the plaintiff to the defendant upon an article of agreement for the purchase of real estate, with interest thereon.
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APPEAL BY DEFENDANT’S ADMRS. FROM THE COURT OF COMMON PLEAS OF FAYETTE COUNTY. No. 369 January Term 1890, Sup. Ct.; court below, No. 191 September Term 1887, C. P. On July 20, 1887, Dr. John Boyd brought debt against Nicholas McCullough to recover back $811, paid by the plaintiff to the defendant upon an article of agreement for the purchase of real estate, with interest thereon. On March 26,1888, judgment was entered for the plaintiff, for want of a sufficient affidavit of defence. On a writ of error to No. 10 July Term 1888, ■Sup. Ct., this judgment was reversed and a procedendo awarded:…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
On the 10th of June, 1873, Nicholas McCullough, by articles of agreement, sold to Dr. John Boyd in fee a certain tract of land in Wharton township, Fayette county, containing 256 acres, the consideration being $1,350, payable, $100 in thirty days; $600 January 1, 1874; $200 April 1,1874; $200 July 1, 1874; and $250 on September 1,1874. The deed was to be made on full payment of the purchase money. Several payments were made upon the purchase money, at various dates between the date of the agreement and April 13,1874, amounting in the aggregate to $811. But no…
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