Johnston v. Callery
Supreme Court of Pennsylvania
Appeal, No. 139, Oct. T., 1897, by plaintiffs, from judgment of C. P. No. 3, Allegheny Co., May Term, 1895, No. 248, on verdict for defendant. Assumpsit for purchase money on an agreement to sell real estate. The ease was previously reported in 178 Pa. 129. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 139, Oct. T., 1897, by plaintiffs, from judgment of C. P. No. 3, Allegheny Co., May Term, 1895, No. 248, on verdict for defendant. Assumpsit for purchase money on an agreement to sell real estate. The ease was previously reported in 178 Pa. 129. The facts appear by the opinion of the Supreme Court. Plaintiffs’ points and the answers thereto were as follows : 1. The title of private owners to land cannot be incumbered or divested by corporations exercising the right of eminent domain, until actual payment of damages to the owner has been made or security given. Answer: This point…
1Opinion of the Court
Opinion by
Me. Justice Geeen,
When this case was here before, 173 Pa. 129. it was upon the sufficiency of an affidavit of defense to prevent judgment. The statement of cause of action claimed judgment for the amount of the purchase money stipulated in the agreement for the sale of the land, and the affidavit of defense claimed that the stipulation of the agreement which provided for a title clear of all incumbrances had been violated, and that the plaintiffs were unable to convey such a title. The incumbrance alleged in the affidavit was that which was created by the survey and location of a…
2Cases cited2 opinions
- Williamsport R. Co. v. Phila. R. Co.Supreme Court of Pennsylvania · 1891
- Johnston v. CallerySupreme Court of Pennsylvania · 1896
3Cited by13 opinions
- Brookbank v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1957
- Kaufman v. PittsburgSupreme Court of Pennsylvania · 1904
- Ritter v. HillSupreme Court of Pennsylvania · 1924
- Utah, N. & C. R. v. Utah & C. Ry. Co.U.S. Circuit Court for the District of Nevada · 1901
- Fayette County Commissioners' PetitionSupreme Court of Pennsylvania · 1927
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