Wilson v. Pearl
Superior Court of Pennsylvania
Appeal, No. 79, Oct. T., 1899, by defendant, from judgment of O. P. No. 4, Pliila. Co., March T., 1897, No. 688, for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. The facts sufficiently appear in the opinion of the court. Judgment for plaintiffs for $257.06. Defendant appealed. Rrror assigned was in entering judgment for want of a sufficient affidavit of defense.
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Appeal, No. 79, Oct. T., 1899, by defendant, from judgment of O. P. No. 4, Pliila. Co., March T., 1897, No. 688, for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. The facts sufficiently appear in the opinion of the court. Judgment for plaintiffs for $257.06. Defendant appealed. Rrror assigned was in entering judgment for want of a sufficient affidavit of defense. This case is analogous to the case of money paid under a mistake of fact which the courts have repeatedly decided may be recovered back: Meredith v. Haines, 14 W. N. C.…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiffs alleged in tbeir statement of claim that they contracted with the defendant to convey to him a certain lot for which he promised to pay $5,000. As this allegation was not controverted in the affidavit of defense, we must assume that it expresses the whole agreement. The deed subsequently delivered was for the expressed consideration of $2,800, and by its terms the title was taken subject to a yearly ground rent of $132. Upon delivery of the deed the defendant paid $500 in cash, gave a mortgage for $2,300, and retained $2,200 of the purchase money on…
2Cases cited4 opinions
- Close v. ZellSupreme Court of Pennsylvania · 1891
- Buckley's AppealSupreme Court of Pennsylvania · 1865
- Lehman v. PaxtonSuperior Court of Pennsylvania · 1898
- Schotte v. MeredithSupreme Court of Pennsylvania · 1899
3Cited by5 opinions
- Carsek Corp. v. Stephen Schifter, Inc.Supreme Court of Pennsylvania · 1968
- Bodine v. Wayne Title & Trust Co.Superior Court of Pennsylvania · 1907
- Foster v. Federal Reserve Bank of PhiladelphiaCourt of Appeals for the Third Circuit · 1940
- Patterson's EstateSuperior Court of Pennsylvania · 1925
- White v. MurrayDistrict Court, W.D. Pennsylvania · 1914