Stoner v. Wunderlich
Supreme Court of Pennsylvania
Appeal, 101, Oct. T., 1900, by defendant, from order of C. P. No. 1, Allegheny Co., March T., 1900, No. 559, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of Frederick Stoner v. Mary J. Wunderlich. Rule for judgment for want of a sufficient affidavit of defense. The court made absolute the rule for judgment for want of a sufficient affidavit of defense. The facts are fully stated in the opinion of the Supreme Court.
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Appeal, 101, Oct. T., 1900, by defendant, from order of C. P. No. 1, Allegheny Co., March T., 1900, No. 559, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of Frederick Stoner v. Mary J. Wunderlich. Rule for judgment for want of a sufficient affidavit of defense. The court made absolute the rule for judgment for want of a sufficient affidavit of defense. The facts are fully stated in the opinion of the Supreme Court. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
This was an action of assumpsit to recover the first payment of purchase money alleged to be due for certain real estate sold by the plaintiff to the defendant by articles of agreement dated October 31, 1899. The contract required “ the deed and title to be marketable and free from all incumbrances.” The single defense is that the “ plaintiff has not now nor has he at any time had a marketable title free from all incumbrances.” A rule for judgment for want of a sufficient affidavit of defense was made absolute and judgment entered against the defendant. This…
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3Cited by16 opinions
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