Smyth v. Resnick
Superior Court of Pennsylvania
Appeal, No. 219, Oct. T., 1923, by plaintiff, from judgment of O. P. No. 5, Phila. Co., June T., 1920, No. 5624, on verdict for defendant, in the case of Charles L. Smyth v. Nathan Besnick. Assumpsit to recover money paid on account of the sale of real estate. Before Henry, P. J., 52d Judicial District, specially presiding. The facts are stated in the opinion of the Superior Court. The court directed a verdict in favor of the defendant. Plaintiff appealed.
Read the full summary
Appeal, No. 219, Oct. T., 1923, by plaintiff, from judgment of O. P. No. 5, Phila. Co., June T., 1920, No. 5624, on verdict for defendant, in the case of Charles L. Smyth v. Nathan Besnick. Assumpsit to recover money paid on account of the sale of real estate. Before Henry, P. J., 52d Judicial District, specially presiding. The facts are stated in the opinion of the Superior Court. The court directed a verdict in favor of the defendant. Plaintiff appealed. Error assigned was refusal of plaintiff’s motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Linn, J.,
The plaintiff sued to recover three payments aggregating six hundred dollars made by him to defendant on a contract executed by them, by which defendant agreed to convey to plaintiff certain real estate of which defendant was not then seized but which he had agreed to purchase. Two hundred dollars were paid at delivery of the contract, which provided, that if plaintiff defaulted, that sum might be retained by defendant as liquidated damages. The other payments of four hundred dollars were subsequently made on account of the purchase price as provided in the agreement which,…
2Cases cited4 opinions
- Sanders v. BrockSupreme Court of Pennsylvania · 1911
- Artzerounian v. DemetriadesSupreme Court of Pennsylvania · 1923
- Howard v. StillwagonSupreme Court of Pennsylvania · 1911
- Sheaffer v. EichenbergSuperior Court of Pennsylvania · 1916
3Cited by2 opinions
- Long v. Holben, Pennsylvania Court of Common Pleas, Lehigh County1939
- Pressman v. JohnsSuperior Court of Pennsylvania · 1925