Legal Opinion

Riesz's Appeal

Supreme Court of Pennsylvania

Decided May 17, 1873PublishedCited by 12 opinions

Appeal from the decree of the Court of Common Pleas of Philadelphia: In Equity, of July Term 1871, No. 218. On the 2d of June 1869, Samuel Sailer filed a bill against John Riesz and Margaret Riesz, his wife.

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Appeal from the decree of the Court of Common Pleas of Philadelphia: In Equity, of July Term 1871, No. 218. On the 2d of June 1869, Samuel Sailer filed a bill against John Riesz and Margaret Riesz, his wife. The bill set out:— 1, 2. On the 29th of May 1867, Riesz, with the consent and concurrence of his wife, the other defendant, entered into an agreement with the plaintiff to sell him á messuage and lot of ground on Girard street, Philadelphia, for $2125, subject to a ground-rent of $112.50, to be paid when the title should be examined and the deed prepared, and on the same day the plaintiff…

1Opinion of the Court

The opinion of the court was delivered, May 17th 1873, by

Sharswoód, J.

It is not proposed to enter upon an examination and review of the cases which have been decided in England and our sister states upon the question presented upon this appeal. Great industry and ability have been exhibited by the learned counsel on both sides, in their printed and oral arguments, and it is but just to say that no suggestion or authority appears to have escaped them. But we consider the point as definitely settled in. this state in the opinion of Chief Justice Gibson, in Clarke v. Seirer, 7 Watts 107,…

2Cases cited2 opinions

  1. Clark v. SeirerSupreme Court of Pennsylvania · 1838
  2. Riddlesberger v. MentzerSupreme Court of Pennsylvania · 1838

3Cited by12 opinions

  1. Polka v. MaySupreme Court of Pennsylvania · 1955
  2. McCarty v. LinghamOhio Supreme Court · 1924
  3. Peterson Et Ux. v. Chandler Et Ux.Supreme Court of Pennsylvania · 1949
  4. Rosenow v. MillerMontana Supreme Court · 1922
  5. Saler v. LessySuperior Court of Pennsylvania · 1920

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