Legal Opinion

Cavanaugh v. Buehler

Supreme Court of Pennsylvania

Decided May 21, 1888No. 155PublishedCited by 21 opinions

ERROR to THE COURT OF COMMON PLEAS OF ERIE COUNTY. No. 155 January Term 1887, Sup. Ct.; court below,’No. 200 May Term 1880, C. P. On April 16, 1880, a summons in covenant was issued in a suit by G. W. Buehler and Thomas H. Robinson against Ellen Cavanaugh, executrix of Thomas Cavanaugh, deceased, to recover a balance of purchase money claimed to be due upon a contract for the sale of real estate. On July 10th the defendant pleaded, covenants performed absque hoc.

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ERROR to THE COURT OF COMMON PLEAS OF ERIE COUNTY. No. 155 January Term 1887, Sup. Ct.; court below,’No. 200 May Term 1880, C. P. On April 16, 1880, a summons in covenant was issued in a suit by G. W. Buehler and Thomas H. Robinson against Ellen Cavanaugh, executrix of Thomas Cavanaugh, deceased, to recover a balance of purchase money claimed to be due upon a contract for the sale of real estate. On July 10th the defendant pleaded, covenants performed absque hoc. On March 31, 1884, a special plea of former trial, verdict and judgment in same cause of action, was filed by leave of court. At…

1Opinion of the Court

Opinion,

Me. Justice Claek:

On January 10, 1867, Buehler and Robinson, through their attorney in fact, Russell, by articles of agreement, sold to Cavanaugh lot No. 2657, in the city of Erie, for the consideration of $1250, and on the 5th of March thereafter, the adjoining eastern half of lot No. 2660, for the consideration of $750. These sales were negotiated through Hayes & Kepler, real estate agents, who were authorized to receive and did receive several instalments of the purchase-money. Cavanaugh subsequently sold the same lots in parcels to Hageny, Sullivans, and Nunn. These sales were…

2Cited by21 opinions

  1. Commonwealth v. BrownSupreme Court of Pennsylvania · 1919
  2. Commonwealth v. ClarkSuperior Court of Pennsylvania · 1936
  3. United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1920
  4. Commonwealth Ex Rel. v. KellySupreme Court of Pennsylvania · 1926
  5. Brenner v. LesherSupreme Court of Pennsylvania · 1938

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