Legal Opinion

Ballas v. Wolff

Superior Court of Pennsylvania

Decided July 28, 1899No. Appeal, No. 111Published

Appeal, No. 111, April T., 1899, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1897, No. 122, on verdict for plaintiff. Opinion by Beeber, J. Assumpsit. Before Stowe, P. J. The facts sufficiently appear in the opinion of the court.

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Appeal, No. 111, April T., 1899, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1897, No. 122, on verdict for plaintiff. Opinion by Beeber, J. Assumpsit. Before Stowe, P. J. The facts sufficiently appear in the opinion of the court. Defendant submitted the following points: [1. That there can be no recovery in this case against defendant for any loss the plaintiff may have suffered by reason of the first house which was burned, as the undisputed testimony is that no tender of the purchase money was made until after said fire. Answer: Refused. If, as claimed by plaintiff,…

1Opinion of the Court

Opinion by

Beeber, J.,

The plaintiff’s statement of his cause of action set forth that on September 12, 1895, by a parol agreement he purchased from the defendant a certain lot, that the agreement was that the plaintiff was to pay $625 for the lot, $25.00 in hand and $600 inside of three years from the date of sale, that he paid the defendant $25.00 on said date, for which he took a receipt, and in the month of March, 1896, tendered to the defendant $600, and demanded a deed for the said lot, to which the defendant replied that he would not accept the money, and would not make a deed for the…

2Cases cited6 opinions

  1. Bender v. FrombergerSupreme Court of the United States · 1806
  2. Hertzog v. Hertzog's AdministratorSupreme Court of Pennsylvania · 1859
  3. Ellis v. Agricultural InsuranceSuperior Court of Pennsylvania · 1899
  4. Bradley v. O'DonnellSupreme Court of Pennsylvania · 1858
  5. Gibbons v. GaffneySupreme Court of Pennsylvania · 1898

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