Spotts v. Spotts
Superior Court of Pennsylvania
Appeal, No. 45, March T., 1897, by defendant, from definitive decree of C. P. Cumberland Co., March T., 1896, No. 4, directing specific performance. Appeal for specific performance. Before E. W. Biddle, P. J. The case came up on bill, answer and proof.
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Appeal, No. 45, March T., 1897, by defendant, from definitive decree of C. P. Cumberland Co., March T., 1896, No. 4, directing specific performance. Appeal for specific performance. Before E. W. Biddle, P. J. The case came up on bill, answer and proof. Short abstracts of the bill, answer and proof are as follows: The plaintiff sets forth in his bill inter alia, as follows to wit: 1. That the defendant was the owner of a certain lot of ground in the borough of Carlisle, Pa. 2. That on the 12th day of November, 1895, an agreement was made and signed between said defendant and plaintiff for the…
1Opinion of the Court
Opinion by
Smith, J.,
The material averments of the bill ill this case set forth a written contract for the sale of a lot of ground, part payment of the purchase money, a tender of the balance, and demand for a deed as called for in the writing. The prayer was for specific performance. The answer denies that the contract was completed and alleges that the writing was not delivered to the plaintiff in execution of the agreement but to be handed to the defendant’s attorney, and that the plaintiff retained it without authority. The cause was tried before the president judge who, after hearing the…
2Cited by4 opinions
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