Dillinger v. Ogden
Supreme Court of Pennsylvania
Appeal, No. 148, Oct. T., 1913, by plaintiffs, from decree of O. P. Westmoreland Co., No. 776, in Equity, sustaining demurrer to bill in case of D. L. Dillinger and W. A. Huff y. Anna W. Ogden, Trustee. Bill in equity for specific performance. Before McConnell, J. The opinion of the Supreme Court states the facts. The defendant demurred to the bill. The court sustained the demurrer and dismissed the bill. Plaintiff appealed. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Mb. Justice Pottee,
This was a bill in equity filed to compel specific performance of an alleged contract for the sale of real estate. It is averred that on December 11, 1909, plaintiffs entered into a contract with Jacob W. McCausland whereby he agreed to sell and convey to them in fee simple, and they agreed to purchase, an undivided one-half interest in certain real estate in Creensburg, Pennsylvania, for the consideration of $83,000. The agreement was signed by all three parties. It provided that $3,500.00 of the purchase money was to be paid in cash, as “hand money,” the vendor…
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