Price v. Whelan
Supreme Court of Pennsylvania
Appeal, No. 79, Jan. T., 1918, by defendants, from judgment of C. P. No. 1, Philadelphia Co., March T., 1915, No. 3952, entered for plaintiff by the court without trial by a jury in case of Edward .Trotter Price, Surviving Trustee under the will of Thomas C. Price, deceased, v. Patrick J. Whelan- and James T. Whelan. Assumpsit for balance of purchase-price of land. Before Patterson, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 79, Jan. T., 1918, by defendants, from judgment of C. P. No. 1, Philadelphia Co., March T., 1915, No. 3952, entered for plaintiff by the court without trial by a jury in case of Edward .Trotter Price, Surviving Trustee under the will of Thomas C. Price, deceased, v. Patrick J. Whelan- and James T. Whelan. Assumpsit for balance of purchase-price of land. Before Patterson, J. The facts appear by the opinion of the Supreme Court. On trial by the court without a jury the court found for the plaintiff for $3,118, and entered judgment on the findings. Defendants appealed. Errors…
1Opinion of the Court
Opinion by
Me. Justice Wauling,
This is an action of assumpsit for the balance of purchase-money of land. In August, 1912, plaintiff sold defendants about thirty acres of land, located in the northeastern part of the City of Philadelphia; the western boundary of one piece thereof being the eastern line of the right of way of the Northern Pennsylvania Railroad Company. Within the bounds of the land and adjoining the right of way was a public road of the width of thirty-two feet, extending from Fisher avenue south for about 865 feet. By the agreement, plaintiff was to secure the vacation of this…
2Cases cited2 opinions
- Phillips v. Dunkirk, Warren & Pittsburg RailroadSupreme Court of Pennsylvania · 1875
- Underwood v. Pennsylvania, Monongahela & Southern RailroadSupreme Court of Pennsylvania · 1917