Krueger v. Nicola
Supreme Court of Pennsylvania
Appeal, No. 195, Oct. T., 1902, by defendant, from judgment of O. P. No. 3, Allegheny Go., May T., 1901, No. 148, on verdict for plaintiff in case of Oscar E. Krueger v. Frank F. Nicola. Assumpsit for breach of an agreement for the exchange of lands. Before Kennedy, P. J. From the record it appeared that on July 11, 1900, plaintiff and defendant entered into an agreement for the exchange of land.
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Appeal, No. 195, Oct. T., 1902, by defendant, from judgment of O. P. No. 3, Allegheny Go., May T., 1901, No. 148, on verdict for plaintiff in case of Oscar E. Krueger v. Frank F. Nicola. Assumpsit for breach of an agreement for the exchange of lands. Before Kennedy, P. J. From the record it appeared that on July 11, 1900, plaintiff and defendant entered into an agreement for the exchange of land. This agreement was not carried out, and plaintiff brought the present action for the breach. The defendant fded an affidavit of defense in which he averred that plaintiff did not own certain of the…
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
The agreement on which the appellant brought this suit was for the sale, or rather exchange, of real estate. He alleged in the statement of his cause of action his readiness and willingness to comply with the terms of the written contract, and claimed damages from the defendant for the latter’s failure to perform them. An affidavit of defense was filed in which the defendant averred his willingness to comply with the contract and alleged the inability of the plaintiff to do so on account of obstacles that were set out in detail. A replication was then filed, in…
2Cases cited6 opinions
- Wodock v. RobinsonSupreme Court of Pennsylvania · 1892
- Murray v. KeyesSupreme Court of Pennsylvania · 1860
- Hunter & Springer v. McHoseSupreme Court of Pennsylvania · 1882
- Gower v. SternerSupreme Court of Pennsylvania · 1837
- Clark v. PartridgeSupreme Court of Pennsylvania · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gianni v. Russell Co., Inc.Supreme Court of Pennsylvania · 1924
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- Ruth-Hastings Glass Tube Co. v. SlatterySupreme Court of Pennsylvania · 1920
- Neville v. KretzsckmarSupreme Court of Pennsylvania · 1921
- General Motors Truck Co. v. Philadelphia Paving Co.Supreme Court of Pennsylvania · 1915
14 more not listed; retrieve them via the Exa API.