Keily v. Saunders
Supreme Court of Pennsylvania
Appeal, No. 138, Jan. T., 1912, by defendant, from order of C. P. No. 2, Pliila. Co., Dec. T., 1911, No. 3552, making absolute rule for judgment for want of a sufficient affidavit of defense in case of James P. Keily and William J. Kelleher v. Harry T. Saunders. Assumpsit to recover the balance of purchase money of real estate. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 138, Jan. T., 1912, by defendant, from order of C. P. No. 2, Pliila. Co., Dec. T., 1911, No. 3552, making absolute rule for judgment for want of a sufficient affidavit of defense in case of James P. Keily and William J. Kelleher v. Harry T. Saunders. Assumpsit to recover the balance of purchase money of real estate. The facts are stated in the opinion of the Supreme Court. The affidavit of defense was as follows: This lot I was desirous of purchasing and I bid for the same the sum of $9,600. I desired said premises for the purpose of an automobile garage. Its width as advertised…
1Opinion of the Court
Opinion by
Mr. Justice Mestbezat,
This is an appeal by the defendant from a judgment entered against him for want of a sufficient affidavit of defense. The action was assumpsit to recover the purchase money alleged by the plaintiffs, the executors of Margaret Donnelly, deceased, to be due for a city lot sold by them to the defendant. Margaret Donnelly died in September, 1909, seized of certain premises on the northeasterly side of Lancaster avenue, in the city of Philadelphia, described in the statement as follows: “Beginning at a point on the northeasterly side of Lancaster avenue at the…
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