Clewer v. Shields
Superior Court of Pennsylvania
Appeal, No. 182, April T., 1909, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1904, No. 844, on verdict for plaintiff in case of William H. Clewer v. Daniel Shields. Assumpsit to recover back money paid under articles of sale of real estate. Before Shaper, J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $134.50. Defendant appealed.
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Appeal, No. 182, April T., 1909, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1904, No. 844, on verdict for plaintiff in case of William H. Clewer v. Daniel Shields. Assumpsit to recover back money paid under articles of sale of real estate. Before Shaper, J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $134.50. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Beaver, J.,
By an agreement in writing, dated February 9, 1903, the defendant covenanted to convey to the plaintiff a certain lot, therein described, for the consideration of $950, $100 of the purchase money being paid and the receipt thereof acknowledged at the time. The agreement contained this covenant: “If said title is not good and marketable, said Shields agrees to make same good or money to be refunded.” As set forth in the plaintiff’s statement and affidavit of claim, which'was in evidence and is not denied, “Plaintiff had the title examined and is informed and believes that…
2Cases cited1 opinion
- Myers v. BoydSupreme Court of Pennsylvania · 1881
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