Neale v. Dempster
Supreme Court of Pennsylvania
Appeal, No. 192, Oct. T., 1896, by defendant, from order of C. P. No. 1, Allegheny Co., June T., 1896, No. 181, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 192, Oct. T., 1896, by defendant, from order of C. P. No. 1, Allegheny Co., June T., 1896, No. 181, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. Tbe defendant filed an affidavit of defense which was as follows: That in the spring of "1891 the above named Grier C. Orr, since deceased, and James B. Neale, one of the above named plaintiffs, were negotiating with the defendant for the sale by them to him of the tract of land situated in "Westmoreland county,…
1Opinion of the Court
Opinion by
Mr. Justice Green,
We are unable to agree with the learned court below in their interpretation of the instruments in question between the parties to this litigation. The first of these papers is the agreement for the sale of the land to the defendant, dated May 26, 1891. After reciting that the grantors had agreed to sell a tract of one hundred and forty acres of land, situate in the borough of Parnassus, for an aggregate sum of $50,000, to be paid in several designated sums, and at intervals between the payments, the *575agreement contains this provision: “ The said Dempster agrees and…
2Cases cited2 opinions
- Fleming v. ParrySupreme Court of Pennsylvania · 1854
- Safe Deposit & Trust Co. v. KellySupreme Court of Pennsylvania · 1893
3Cited by8 opinions
- Purman's EstateSupreme Court of Pennsylvania · 1939
- Longacre v. BeersSuperior Court of Pennsylvania · 1932
- Schuylkill Trust Co. v. Haupt Et Ux.Supreme Court of Pennsylvania · 1948
- Artisti-kote Co. v. Benefactor Building & Loan Ass'nCourt of Appeals for the Third Circuit · 1933
- Neale v. DempsterSupreme Court of Pennsylvania · 1898
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