Swayne v. Swayne
Superior Court of Pennsylvania
Appeal, No. 91, Oct. T., 1901, by plaintiff, from judgment of C. P. Chester Co., Aug. T., 1900, No. 46, on verdict for defendant in case of Josephine E. Swayne v. Charles H. Swayne. Assumpsit to recover damages for the breach of a parol agreement to convey real estate. Before Hemphill, P. J. At the trial it appeared that at an orphans’ court sale plaintiff had purchased real estate for $610. The return of the sale was amended so as to show a sale to the defendant.
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Appeal, No. 91, Oct. T., 1901, by plaintiff, from judgment of C. P. Chester Co., Aug. T., 1900, No. 46, on verdict for defendant in case of Josephine E. Swayne v. Charles H. Swayne. Assumpsit to recover damages for the breach of a parol agreement to convey real estate. Before Hemphill, P. J. At the trial it appeared that at an orphans’ court sale plaintiff had purchased real estate for $610. The return of the sale was amended so as to show a sale to the defendant. It was alleged that the defendant paid the whole of the purchase money, agreeing that when this amount was repaid to him he would…
1Opinion of the Court
Opinion by
Beavek, J.,
Plaintiff brought her suit in assumpsit to recover damages for the breach of a parol contract alleged to have been made by the defendant to convey real estate purchased by the latter at an orphans’ court sale for the plaintiff, returned by the administrator as sold to the plaintiff but the return of which, at her request, was subsequently amended, so as to show a sale to the defendant. The defendant paid the entire purchase money and promised Subsequently, as the plaintiff alleged, to convey the property to her, upon the repayment of the amount which he had been compelled…
2Cases cited3 opinions
- Hertzog v. Hertzog's AdministratorSupreme Court of Pennsylvania · 1859
- Seip's EstateSupreme Court of Pennsylvania · 1894
- McCune v. ScottSuperior Court of Pennsylvania · 1901
3Cited by8 opinions
- Fannin v. CrattySupreme Court of Pennsylvania · 1984
- Weir v. RahonSuperior Court of Pennsylvania · 1980
- Tracy v. TracySupreme Court of Pennsylvania · 1954
- Smith v. St. Luke's Hospital, Pennsylvania Court of Common Pleas, Northampton County1984
- Bosses v. Mahalsky, Pennsylvania Court of Common Pleas, Luzerne County1956
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