Hoover v. Pontz
Supreme Court of Pennsylvania
Appeal, No. 396, Jan. T., 1921, by defendant, from judgment of C. P. Lackawanna Co., Aug. T., 1920, No. 46, for plaintiffs, on case tried by the court without a jury in case of George W. Hoover et al., executors of Joseph Hoover, deceased, v. Fred D. Pontz.' Assumpsit for purchase money of real estate. The case was tried by agreement of counsel without a jury under the Act of April 22,1874, P. L. 109. The opinion of the Supreme Court states the facts.
Read the full summary
Appeal, No. 396, Jan. T., 1921, by defendant, from judgment of C. P. Lackawanna Co., Aug. T., 1920, No. 46, for plaintiffs, on case tried by the court without a jury in case of George W. Hoover et al., executors of Joseph Hoover, deceased, v. Fred D. Pontz.' Assumpsit for purchase money of real estate. The case was tried by agreement of counsel without a jury under the Act of April 22,1874, P. L. 109. The opinion of the Supreme Court states the facts. The court entered a verdict and judgment at the same time in favor of plaintiffs. Defendant appealed. Error assigned, among others, was…
1Opinion of the Court
Opinion bt
Mr. Justice Simpson,
Defendant agreed to purchase from plaintiffs a property in the City of Lancaster, if the title thereto was marketable, but, alleging it was not, defendant refused to carry out the contract. Plaintiffs thereupon sued to recover the purchase money; and, on a trial by the court without a jury, obtained a verdict and judgment, from the latter of which the present appeal was taken.
It may be said, in passing, that the court below erred, in its opinion following the trial, by directing, at one *287and the same time, the entry of both verdict and judgment. The Act of April…
2Cases cited10 opinions
- Schuldt v. Reading Trust Co.Supreme Court of Pennsylvania · 1921
- Black v. American International Corp.Supreme Court of Pennsylvania · 1919
- Speakman v. ForepaughSupreme Court of Pennsylvania · 1863
- Rohrbach v. SandersSupreme Court of Pennsylvania · 1905
- Velott v. LewisSupreme Court of Pennsylvania · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Heights Land Co. v. Swengel's EstateSupreme Court of Pennsylvania · 1935
- Harris v. DawsonSupreme Court of Pennsylvania · 1978
- Ritter v. HillSupreme Court of Pennsylvania · 1924
- Portner v. TannerWyoming Supreme Court · 1923
11 more not listed; retrieve them via the Exa API.