McCoy v. Niblick
Supreme Court of Pennsylvania
Appeal, No. 268, Jan. T., 1907, by defendants, from judgment of C. F. Bucks Co., Sept. T., 1906, No. 55, oh. verdict for plaintiff in case of Mary J; McCoy v. Samuel' O. Niblick and William M. McCormick. Ejectment for land in Falls township. Before Stout, P. J. The facts are stated in the opinion of the Supreme Court. The trial judge gave binding instructions for plaintiff. Yerdict and judgment for plaintiff. Defendants appealed.
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Appeal, No. 268, Jan. T., 1907, by defendants, from judgment of C. F. Bucks Co., Sept. T., 1906, No. 55, oh. verdict for plaintiff in case of Mary J; McCoy v. Samuel' O. Niblick and William M. McCormick. Ejectment for land in Falls township. Before Stout, P. J. The facts are stated in the opinion of the Supreme Court. The trial judge gave binding instructions for plaintiff. Yerdict and judgment for plaintiff. Defendants appealed. Errors assigned were (1) in permitting plaintiff to open h.er case after she had close'd and after the court had intimated that a nonsuit would be granted ; (2) in…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
There was sufficient shown by the appellants to take appellee’s sale of her farm out of the statute of frauds. Wishing to sell it, she sent for Charles F. Yandegrift, :a real estate agent, and asked him to expose it to public sale on March 19, 1906. Iiedid so on that day, after reading the conditions.of sale signed by himself as her agent. She was present at the sale, and, after a conference with Yandegrift, authorized him to sell the property to McCormick, one of the appellants, at his bid of $10.00 per acre, subject to an annuity charge-. The property w7as…
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