Kostenbader v. Spotts
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Union county: No. 37, to January Term 1875. This was an action of assumpsit, brought December 7th 1871, by Samuel Kostenbader against William Spotts, to recover back $1500, the hand-money under an article of agreement for the sale of certain real estate by defendant to the plaintiff, he alleging that the title tendered by defendant was defective.
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Error to the Court of Common Pleas of Union county: No. 37, to January Term 1875. This was an action of assumpsit, brought December 7th 1871, by Samuel Kostenbader against William Spotts, to recover back $1500, the hand-money under an article of agreement for the sale of certain real estate by defendant to the plaintiff, he alleging that the title tendered by defendant was defective. The article of agreement was executed November 6th 1868; the defendant thereby binding himself to sell to the plaintiff the Great Western Hotel, in Buffalo township, Union county; the plaintiff in consideration…
1Opinion of the CourtJustice Gordon
We are disposed to adopt, without comment, the charge of the learned court below, except so far as it relates to the effect of the waiver of inquisition, as contained in the confession of judgment of Tunis to Whiteman, on the 20th October 1863. Our doubt is, whether under the letter of the 45th section of the Act of June 16th 1836, this waiver was binding upon the property in the hands of Dundore, to whom it was subsequently sold by Tunis. The language would seem, at first blush, to put the power of waiver exclusively in the hands of him who owned the lands at the time of the issuing of the…
2Cited by8 opinions
- Ammons v. AmmonsWest Virginia Supreme Court · 1901
- Levy v. SpitzSupreme Court of Pennsylvania · 1929
- Srolovitz v. MargulisSuperior Court of Pennsylvania · 1908
- Stone v. CarterSuperior Court of Pennsylvania · 1911
- Esayian v. Baltimore Markets, Inc.Superior Court of Pennsylvania · 1949
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